The Civil Court of the Maldives has today ordered Ministry of Defense and National Security to release the Supreme Court’s key immediately, and allow the reinstatement of the interim Supreme Court.
The case was presented by the Prosecutor General to the Civil Court this morning. The first hearing was conducted almost immediately and the verdict was delivered this afternoon.
‘’We declare in the absence of state Attorney General’s office, to the Ministry of Defense and National Security and to all concerned authorities of the state, the key of Supreme Court should be issued to the Supreme Court at any time Supreme Court wishes immediately,’’ said Chief Judge Ali Sameer, delivering the verdict.
Citing articles 284 and 141 of the constitution, Judge Sameer declared “that no person shall hold the key of the Supreme Court without the consent of the court.’’
Judge Sameer said the PG’s office had the authority to present the case when the work of the Supreme Court was obstructed, or if the Supreme Court came to a halt by any cause, because it potentially obstructed the PG from fulfilling his responsibilities.
The judge also noted that the court order to summon the Attorney General was delivered and that the AG office failed to send representation to the court, and did not inform why.
State Defense Minister Muiz Adnan said he had not seen the verdict and would not comment until he had read it.
When questioned according to the last declaration how long the key will be held by the military, he said he had no information regarding the issue.
Major Abdul Raheem, also a spokesperson of Maldives National Defense Force, said the keys of all the state institutions were kept with the MNDF and issued according to a procedure established by the defence ministry.
(0)Dislikes
(0)Related Posts
Police and military officers reinstated based on precedents set in CSC Fahmy case
Legal limbo leads MNDF to confiscate Supreme Court keys, after Majlis cancels last session of interim period
Government hands discounted flats to judges, commission heads
MDP asks Civil Court to halt Majlis decision on judges’ removal
Supreme Court upholds reinstatement of police inspector dismissed after rape allegations
Maumoon Hameed among applicants for prosecutor general position
Ofcoz the lower courts will try to defend it's corrupt judges in the supreme court. They know they are next to be kicked out. I have to say the current judges have had enough time to show they can do their jobs and get rid of criminals. But instead they helped release well known criminals back into the street even if they are murderers. The current judges have blood on their hands. So they belong jobless and disgraced. Wait till they see the punishment which awaits them after death. May Allah's punishment give justice to the innocents which was given no justice from these judges.
This is better than StarPlus. What next?
President Nasheed should now realize whatever he says and whatever he does cannot be taken as law.
don't give the key back!!! this is it... if you give in now, MNDF, Ameen Faisal or whoever has got the key, they will see you are weak - if you give an inch they will think they can take a mile... I think, time to show you mean business... I think, the corrupt have made it clear that they will not ever change, they will never stop persecuting the poor through their control of gangs and greed through dialogue or law... Don't feed a whole lot of babble about rule of law when it is evident that the judiciary are the ones who had abandoned the rule of law...
The world should tuning in to the circus show that is our little country.
The judiciary is being used by Maumoon and his cronies as a cover for almost everything. Maumoon and DRP can do anything they wish in Maldivian courts...they can get away with anything...even murder!!!
Hello minivan news boys and mdp gals
Do u realize that people appointed by Anni resined, and this shows his own people hv no confidence in him
@Bafana...
What are you trying to express here...or are you insane??
Article 301 (a) of the constitution stipulates that the presidential elections should take place and FINISH before the 10th of October 2008.
However since the elections was taken on the 8th of October 2008 and since neither candidate secured the required majority, the presidential election had to go to its second round of voting, which took place on the 28th of October 2008.
Hence the Presidential election which was supposed to be completed BEFORE the 10th of October 2008, was completed on the 28th of October 2008 which is beyond the period stipulated in the constitution.
Hence the LEGITIMACY of the president is itself in QUESTION, because he was NOT elected before the stipulated date i.e 10th October 2008.
If he believes that since his election was not completed before the stipulated period in the constitution, then he should RESIGN or we should hold a referendum as suggested by MP Nasheed to see if the public affirms the current president who was elected after the constitutional deadline of 10th October 2008.
Civil court has no capacity to rule on a constitutional crisis.
Wellcome to the Asian Mugabe, Nasheed's military style demecoracy
Could anyone help me to find the constitution clause that gives the power to PG to lodge cases to Civil Court. Also, could anyone help me prove the so called Civil Court is a court of law? If it is, where is that creates the Civil Court or any other lower court?
Could anyone help me to find the constitution clause that gives the power to PG to lodge cases to Civil Court. Also, could anyone prove the so called Civil Court is a court of law? If it is, where is the law that creates the Civil Court or any other lower court?
@ Sharaf Deen
Now thats something I could help you look at.
1. For the first question you should have a look at the civil court verdict http://www.civilcourt.gov.mv/hukum_amuru/1920_MC_2010.pdf
because it explains in detail the reasons why the case proceeded.
2. As for the second question, as to which law creates the civil court -
a. first http://agoffice.gov.mv/pdf/ga/EngGA.pdf
Article 274 of the constitution which defines law as statutes enacted by parliament and the regulations made under the ambit of those statutes.
b. secondly
http://www.mvlaw.gov.mv/pdf/ganoon/chapterI/6-2008.pdf
Thats the statute on regulations that was passed by the parliament giving power to regulations out of which page 2 schedule 8, which has "Shariah kurumabehey gothun hedhifaiva gavaidhu 6.0"
c. thirdly
http://www.mvlaw.gov.mv/pdf/gavaid/judiciary/5.pdf
the regulation, page 29 clause 1
which defines the civil court and its jurisdiction.
@ Sharaf Deen
Page 8, Schedule 2.
http://www.mvlaw.gov.mv/pdf/ganoon/chapterI/6-2008.pdf
“Shariah kurumabehey gothun hedhifaiva gavaidhu 6.0″
We have Al Capone, aka Yaameen at the helm of the gang. Everyone including key judges, other public and non-public figures have been either bribed or blackmailed into hands of the gangsters.
Bring down Al Capone, and the whole circus will crumble.
I question the legality of Civil Court ruling. Is the Court formed under a law and is Judge Ali Sameer appointed according to the law as stipulated in the Constitution?
We should just calm down and stop getting all worked about the state of affairs we have today. Things are working (or not working, should I say??) as they should.
I believe that our flawed constitution is the source of all that we experience today.We have a flawed constitution written and passed by a flawed Majlis. Kutti Nasheed as law Reform Minister and Azima Shakorr as Attorney General and Gasim as Speaker of the Special Majlis and holding the Finance Ministers portfolio in Gayooms last days in power made sure there were enough holes in the constitution to make governance impossible should Gayoom not return to power.
Time to biff this piece of fiction and create something worthy of our childrens future.
The truth is President Nasheed and his government doesnt have the capacity to run this country. He created the environment of rebeliouse egoism from the day one of his election. In fact when he Anni the activist he has already created such an environment among the people which cause even seperation among families. What we are seeing today is cause of activist Anni.
@Ignored: please take your medication and go abck to sleep.
Let me tell you, Golhaa refused to have elections before the due date. So we must put Golhaa behind bars for 25 years, of course with no bail or maybe with US$100 billion non-refundable deposit, Golhaa could be released after a minimum of 20 years. This whole thing was planned and played by Golhaa.