KUALA LUMPUR: The royal rift between Kelantan prince Tengku Muhammad Fakhry Sultan Ismail Petra and his eldest brother Kelantan Regent Tengku Muhammad Faris could well be played out in court as the former seeks to challenge his removal from Kelantan's Council of Succession.

Tengku Muhammad Fakhry was appointed to the council in 2001 by his father Sultan Ismail Petra, who has been seeking medical treatment in Singapore since May.

In the Sultan's absence, 35-year-old Tengku Muhammad Faris was appointed Kelantan Regent effective May 24.

According to case submissions, Tengku Muhammad Fakhry, 31, found he was removed from the council by way of a letter dated Sept 16 from the state secretary.

His request for an explanation was in vain as he was only told that the decision was made by order of the Kelantan Regent.

Tengku Muhammad Fakhry, who is the Tengku Temenggong of Kelantan, is still third in line to the throne of Kelantan despite not having a seat in the council which is tasked with confirming successions and ascertaining vacancies in the throne.

Tengku Muhammad Fakhry filed an application for judicial review on Dec 12 naming as respondents Tengku Muhammad Faris, Kelantan state secretary Datuk Mohd Aiseri Alias, the Kelantan state government and five other persons subsequently appointed to the council.

According to Article 7 of the Kelantan state constitution, the Council of Succession shall consist of a president, deputy president, state mufti, state secretary, four members of the royal family (kerabat), and six to 12 royal subjects of Malay descent.

In arguing for leave to proceed with the judicial review, Tengku Muhammad Fakhry's lead counsel K Shanmuga today said only the Sultan was empowered to alter the council's composition.

The Kelantan Regent's actions in removing Tengku Muhammad Fakhry from the council was tantamount to a "usurpation" of the Sultan's powers, Shanmuga said.

The counsel also submitted that the Kelantan Regent's actions were similar to "creating a council" that would subsequently determine his future succession.

However, Shanmuga noted that while Tengku Muhammad Faris was first in line to the throne, the latter's succession was not automatic and needed the endorsement of the Council of Succession.

Senior federal counsel Datin Azizah Nawawi objected to Tengku Muhammad Fakhry's leave application for judicial review on grounds that the Regent's actions were a non-justiciable royal prerogative.

After hearing submissions, Judicial Commissioner Mohamad Ariff Md Yusof noted: "No matter who exercises (the power), functionally it belongs to a category of prerogative which is constitutionally insulated from judicial review."

"Succession should not be looked at by the courts. It is not right to have the matter adjudicated by the courts," he added.

Mohamad Ariff, who sat at the Kuala Lumpur High Court's appellate and special powers division, fixed Dec 31 to deliver his decision on whether to open the doors for Tengku Muhammad Fakhry to challenge the latter's removal from the council.

In his application, Tengku Muhammad Fakhry is requesting that the court quash the Kelantan Regent's revocation of his membership of the Council of Succession and a court order to restore his membership.    

Tengku Muhammad Fakhry is also seeking, among other orders, to quash the appointments of the five appointed persons to the council.

Tengku Muhammad Fakhry was recently embroiled in controversy after his wife Manohara Odelia Pinot, an 18-year-old Indonesian former model, accused him of kidnap and abuse.

The Kota Bharu Syariah High Court on Dec 14 ruled in favour of the Kelantan prince, ordering Manohara to return to Tengku Muhammad Fakhry and return the RM1.2 million she had borrowed from him.