KUALA LUMPUR: Raja Datuk Seri Izuddin Iskandar Shah is applying for a judicial review proceeding over the refusal of the Attorney-General to give him a consent to institute action against the Perak Sultan in the Special Court.
Raja Izuddin, 62, who is the son of the late Sultan Idris A’Fiffullah Shah, wants his title of Raja Kechil Besar Perak to be reinstated.
His lawyer Mohamad Sofee Razak said his client was third in line to the Perak throne when he was stripped off his title in 2006 after being declared a bankrupt.
Mohamad Sofee said the Perak ruler’s action was based on the Perak Constitution which provides for bankrupts to be stripped off their title, disqualifying such person to the Perak throne.
However, he said, Raja Izuddin had on April 19 last year been discharged from bankruptcy.
“My client has sent a letter to Dewan Negara Perak and the Sultan of Perak to be considered over his rights as the heir of the Perak throne but it was rejected,” he said.
In his court papers, Raja Izuddin said he wants to get leave to commence the judicial review proceedings to quash the decision of the Attorney-General in refusing to institute an action against Perak Sultan, Sultan Nazrin Muizzuddin Shah, in the Special Court, under Article 183 of the Federal Constitution.
The article stated that no action shall be instituted against the Yang di-Pertuan Agong or a Ruler of a state in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney-General personally.
In his affidavit, he said he had notified the Perak Sultan and the Dewan Negara Perak over his current status and requested that he be reinstated with the position of “Raja Kechil Besar Perak”.
However, he said the office of the Sultan, in a letter dated May 22, informed him that the Dewan Negara Perak had reached a unanimous decision to refuse his application.
He said his solicitor, on June 24, wrote to the Attorney-General seeking for consent to initiate proceedings against the Sultan in the Special Court.
He said he received a notice on July 14 that his application was refused by the Attorney General because the reason for the request does not fall within the provision of Article 182 of the Federal Constitution for the Special Court.
In his grounds, he said he believed that the High Court has jurisdiction to set aside the decision of the Attorney-General as he is the valid heir to the Perak throne, pursuant to the Perak Constitution.
Senior Federal Counsel Shamsul Bolhassan told reporters on Thursday that he would raise an objection over the application for leave on grounds that the matter “is the royal prerogative of the Sultan of Perak.”
“It cannot be challenged in court,” he said.
On the other hand, Mohamad Sofee said they would argue that his client was now qualified to be reinstated as the lawful heir to the Perak throne.