Palace of Justice , where the Special Court will resides
The habeas corpus proceedings at the Special Court today, brought by lawyers representing the Sultan of Kelantan, Tuanku Ismail Petra Sultan Yahya Petra is probably the first case in the world for a State Ruler to seek medical treatment of his choice.
The application to the Special Court was submitted last Friday after three attempts by the ailing Kelantan ruler to leave the State had been rejected last week, as the palace confrontation there worsened.
The Special Court, which was established to hear proceedings by or against the Yang di-Pertuan Agong or any of the nine Malay Rulers in relation to personal matters.
THE SPECIAL COURT
The Special Court was established pursuant to Article 182 of the Federal Constitution to hear any action civil or criminal instituted by or against the Yang di-Pertuan Agong or State Ruler. Nevertheless, by Article 183 of Federal Constitution no action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or any of the Rulers of States 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.
CONSTITUTION
In 1993, the Federa l Constitution was amended to provide for the establishment of a court, known as the
Special Court, solely to hear the proceeding cases brought by or against the Yang di-Pertuan Agong or a Ruler of a State.
However, it must be noted that proceedings in the Special Court can be brought against the Yang di-Pertuan Agong or a Ruler of a State in his personal capacity only. It means that no proceedings in the Special Court can be brought against the Yang di-Pertuan Agong or a Ruler of a State in his official capacity.
In actual fact, the Special Court is not actually part of the hierarchy of courts in Malaysia, notwithstanding to the fact that as a constitutional court, a brief mention of it has to be made in discussing the judicial system in Malaysia.
COMPOSITION OF THE SPECIAL COURT
Article 182(1) of the Federal Constitution provides that the Special Court shall consist of the Chief Justice of the Federal Court, who shall be the chairman, the Chief Judges of the two High Courts and two other persons who hold or have held office as judges of the Federal Court or the High Court appointed by the Conference of Rulers.
JURISDICTION
Article 182(3) of the Federal Constitution provides that; The Special Court shall have exclusive jurisdiction to try all offenses committed in the Federation by the Yang di- Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.
In addition, Article 182(4) of the Federal Constitution provides that the Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by the Federal Constitution or any Federal law and shall have its registry in Kuala Lumpur.
PROCEEDINGS
Article 182(5) of the Federal Constitution provides that until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court applies in any proceedings in the Special Court.
Furthermore, Article 183 of the Federal Constitution provides for an important procedural requirement before any action can be instituted against the Yang di-Pertuan Agong or the Ruler of a State in the Special Court.
Article 183 provides that no action, civil or criminal shall be instituted against the Yang di-Pertuan Agong or the 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.
DECISION OF THE SPECIAL COURT
The decision of the Special Court is final and conclusive and cannot be challenged or called into question in any court on any ground.
SITTINGS
The Special Court may convene at the premises of the Federal Court located at the Palace of Justice, Putrajaya, on such dates and at such times as the Chief Justice may from time to time appoint.
