The Civil Court ruling on whether or not the Judicial Service Commission is guilty of neglecting its Constitutional responsibilities has been delayed indefinitely because the court lacks an official seal with which to stamp the decision.
The Civil Court has been shut for business since President Mohamed Nasheed ratified the Judicature Act on Thursday due to a change in the Court’s name from Arabic to English. A Dhivehi word is not in use to refer to it.
Until President Nasheed signed the Judicature Act into law, the official name of the court had been Madhanee Court – ‘madhanee’ being the Arabic word for ‘civil’.
The Judicature Act, passed by the Majlis on 4 October, uses the English word ‘civil’ instead of the Arabic word ‘madhanee’ to refer to the court.
The Civil Court stopped its work once the Judicature Act came into force as it does not have an official seal bearing its new name with which to stamp its hearings and other official documents.
The Family Court and the Criminal Court, too, are suffering the same plight of being unable to rubber stamp their decisions after the name change.
A period of seventeen days was available between the Majlis passing the Judicature Act and President Nasheed ratifying it in which the seals could have been made.
Treasure Island Ltd is suing the JSC for professional negligence, alleging that it failed to investigate complaints of misconduct against two judges, one of whom is the former head of JSC and former Surpreme Court Justice Mujthaz Fahmy.
The JSC is an independent body Constitutionally mandated to oversee the judiciary and maintain its ethical and disciplinary standards.
Judge Mariyam Nihayath of the Civil Court, who on October 19 refused to admit additional infromation offered by potential JSC whistleblower, President’s member Aishath Velezinee, was set to hold a further hearing on the case today.
It is not known when the courts will have the necessary tools with which to resume justice.
8 thoughts on “Civil Court defers JSC negligence case indefinitely in the absence of official seal”
the maldivian justice system continues to push the bounds of idiocy. i congratulate all those involved.
where is Adhaalath Zaeem Didi and Salaf Group when Majlis has changed the names of the courts from Arabic to English.
I understand the point you make. But, if you read the Judicature Act, you will see that there is more to be done under the Act than get a different stamp. The article is hence misleading and it may be a good to read the Act first.
justice will prevail, but it will take something radical.
I congratulate Azra Naseem (The same person who belittled Maldivians about Hay festival because the tickets were not sold out on the first day, and wrote an entire article about how Maldivians were dumb - http://minivannewsarchive.com/politics/failing-to-make-hay-in-the-sunshine-11681)
Anyways this article ends with "It is not known when the courts will have the necessary tools with which to resume justice."
I just wanted to highlighted the readers "http://www.civilcourt.gov.mv/iulaan/iulaan_new_civilcourt.pdf" this notice since it tells you the period for which the court will be closed and the notice is dated 24th October while this article is dated 26th October)http://www.criminalcourt.gov.mv/ the criminal court has an article on ita aswell.
Further the Judicature Act involves a lot of changes other than a rubber stamp, and from the moment the parliament passes a bill till that bill becomes law on ratification, there is "no certainty that the bill passed by parliament would be law", numerous bills that have been passed through the parliament has been sent back by the president without ratification, and only a fool would spend "public" money to make the necessary changes, regulations and tools even before a bill becomes law.
Or should they be acted upon when they are presented to the parliament itself?
To justify idiosyncrasy is not to deliver justice, and one cannot deny there is chaos in the judiciary and no check on it.
Just read the article on the hay festival. I couldn't see any reference to dumb Maldivians - could it be your own conclusion? Dangerous thing that - passing off your opinion as someone else's.
Besides, what's the hay festival got to do with the JSC? Getting personal and leaving the issue aside is what keeps this country down. Move on!
Justice???? No justice will be there until and unless the Judges get the Bills from the Parliament (Majlis)
As we all know, these Bills are hijacked by the Power hungry crooks of the previous DICTATORSHIP and they are now in the Majlis. So, these crooks are trying their best to overthrow this Democratic government by purposely stopping Bills that a Democratic system could work....hehhehe Javvah, Fazaa ah, emmefahun Bolah
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