Progressive Party of Maldives (PPM) Vice President Umar Naseer, formerly Dhivehi Rayyithunge Party (DRP) Vice President prior to his eviction from the party, has filed a suit in the civil court against the police and Maldives National Defence Force (MNDF).
Speaking at a press conference yesterday, Umar said that he decided to sue the MNDF for unlawfully arresting Chief Judge of the Criminal Court Abdulla Mohamed, and police for not working to set Judge Abdulla free.
He filed the suit against Police Commissioner Ahmed Faseeh, Deputy Commissioner Ismail Atheef and Deputy Commissioner Ahmed Muneer, and on the MNDF side, he sued Chief of Defence Force Major General Moosa Ali Jaleel and Vice Chief Brigadier Faruhath Shaheer.
Umar claimed at the press conference that superiors at the MNDF had been giving unlawful orders, and that it was one reason why he felt he had to file the suit.
He claimed that if the court rules that the senior officers have been giving unlawful orders they would be dismissed from their jobs.
Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request, after he attempted to block his summons in the high court.
After he was arrested the Supreme Court declared that the arrest was unlawful and ordered his immediate release, but the MNDF did not respond.
Later the High Court ordered the MNDF three times to produce him at the High Court, but the MNDF did not respond.
Yesterday the Human Rights Commission of the Maldives (HRCM) was summoned to parliament’s Independent Commission’s Committee. President of the HRCM Mariyam Azra told the MPs that there were “issues with the judiciary”.
She also said that HRCM had forwarded these issues to concerned institutions such as Judicial Service Commission (JSC), which has halted its investigation of Judge Abdulla after he obtained a civil court injunction against his own investigation.
Azra told the committee that HRCM had the legal authority to investigate human rights violations.
Recently Umar has filed two cases against President Mohamed Nasheed at the police.
PPM Spokesperson Ahmed Mahlouf was unavailable at time of press.
A police spokesperson said the police have not officially received any information about the suit.
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I knew he was ignorant and is an imbecile but this takes the biscuit. Why the heck is he suing the Chief of Staff and the Vice? They are military and they obey orders from Commander in Chief. Now this is not an illegal order for them as the military code of conduct is different from Civil laws, and the civil courts have no jurisdictions on the military and the MNDF has to have a Court Martial if they have to charge these two.
I feel there is a valid legal point in Naseer's suit.
The Constitution does state that we have a duty as individuals not to execute orders that violate the Constitution.
Also, if the military code of conduct is shaped in a way that opens up a loophole to defeat the whole purpose of a right enshrined in the Constitution's chapter on fundamental freedoms, then someone should ask the courts to apply the law and repeal the specific article which allows the military to act outside the bounds of the Constitution.
Unless we are at war or in some State of Emergency no one that walks the islands of Maldives should be allowed to violate the Constitution. Any law which permits anyone to do so is rendered invalid as clearly stated in the Constitution.
Of course no Maldivian shall violate the Consitution of the country. By that very reasoning, Abdulla Mohammed was taken into custody because HE continued to make a mockery of the said Constitution.
The military intervened to uphold national security in the face of a judge abusing his powers to the point where he was "untouchable". In such circumstances, the Commander in Chief has responsibility to ensure the security of the nation.
Umar Naseer, of course, won't understand a word of what I just wrote. I don't think he is the mind behind this court filing. Whoever is behind this is using the idiot boy to do their running.
I strongly object to what you just posted Ahmed.
If Abdulla is guilty of anything it is using the system to his own benefit. What person would not do the same if the system allows it.
Changing the system itself rather than making personal attacks against an individual is what is needed for further Constitutional and judicial reform.
Instead we find a belligerent and obstinate government resorting to cheap scare tactics and disregarding the rule of law altogether.
Abdulla Mohamed did nothing that justifies his arrest. Also said arrest is clearly unconstitutional as well. Those who authorized the arrest should be held to task or our Constitution will be toothless in the long run.
When it comes to ideals and abstract beliefs, what nobody believes in eventually ceases to exist. That is what our Constitution is at risk of becoming.
Hi Tsk Tsk, your impersonator is posting again.
You wrote-
"if the military code of conduct is shaped in a way that opens up a loophole to defeat the whole purpose of a right enshrined in the Constitution’s chapter on fundamental freedoms, then someone should ask the courts to apply the law and repeal the specific article which allows the military to act outside the bounds of the Constitution"
And in the next comment-
"If Abdulla is guilty of anything it is using the system to his own benefit. What person would not do the same if the system allows it."
You couldn't have written both comments because it would imply that were alright with a Judge using the system to his own benefit if the system allowed it, but MNDF must have their asses sued because they used a loophole to stop the honorable judge from continuing to use the "system to his own benefit"
@peasant;
One is a loophole we enshrined in our brand spanking new Constitution.
The other is not a loophole per se but an abuse of a remnant from autocratic times which actually contradicts the Constitution.
In my opinion both need reform. So there. Break out the bottles and toast me on this one.
The JSC should be protected from interference by the judiciary itself while making the body accountable only to Parliament. Yet it is the Constitution itself which contains this conundrum. Meanwhile, the Constitution expressly forbids even the military from exercising its powers in a way that defeats the whole purpose of introducing personal freedoms to the country. Our math might be different on this but I think one is a mistake embedded in the Constitution while the other is an amoral attempt to reassert autocratic authority while basing one's whole government on a campaign for the rights of the individual and humanistic traditions.
Tsk, no, you have got the wrong end of the stick.
The MNDF is not breaking the constitution at all. They cannot do so. What I said was that they cannot be brought before a civil court of law for something that involves the military code of conduct.
If their CiC gives a legal order and in this case arresting a person who needs to be investigated by the JSC and who himself has got a "civil" court injunction stopping it, has no legal status in not being arrested.
I understand that the Police also requested the MNDF to do so as well.
So if anyone thinks that the MNDF has broken the constitution, they should sue the Minister of Defence and not the Chief of Staff and the Vice Chief.
This is what I am saying. No one can sue the Military for obeying the orders of their superiors unless it is a direct violation of the military code of conduct which is based on the constitution.When the military breaks the law, they are court-martialed.
This is not something like robbing a person or any civilian issue in which it is a different issue to the current one.
A Judge has managed to get certified as " un-prosecutable", which is unconstitutional. We now see the beneficiaries of this certification jumping the the Judges defense! Umar Naseer should be ignored as he as has nothing to offer to this country!
The best written constitution will not be helpful if all people look into is the written word rather than the sprit of the written word. Which goes to explain why we are in this impasse while countries without constitutions do just fine.
tsk tsk,
To you, if you stub your toe, it is a catastrophe and if I fall into the manhole and die, it is a minor inconvenience.
This is the same spirit in which you defend your overlords, just as they spew vitriol and hatred from loudspeakers on the streets.
This might comes as a surprise to you, I do not care about Anni or any politician in general. It would be a great convenience for Anni to put his cronies on the judiciary which is just as ridiculous, since after Anni term ends, the judiciary is in the hands of Reeko Moosa or whoever calls the shots in MDP.
I would like all our institutions to function no matter who is in the office. If Anni is guilty of all the things you accuse him of, at least after his term he would still not be wielding power from behind the scenes.
For short term benefit you are willing to accuse anyone of anything without objectivity at the same time play down and heinous crimes of those you support.
You Sir, personify the biggest problem in our society. You are the Captain of the boat who gave orders to sink the ship just to teach the "maakana" sitting the mast a lesson.
Thanks for clearing that up Manik.
I understand Mr. Naseer is only interested in making a political spectacle out of things.
After all the Prosecutor-Generals Office is the body which must take the offenders to court.
So where are these parallel courts for the military? Are they functional? Are they comprised in a way that would ensure public confidence in their findings? Why were military deserters taken to the Criminal Court just a few months ago? Why did the MNDF claim to the media that they will pursue civil action against them as well?
Our institutions need strengthening across the board. It is not just the judiciary.
@ peasant
Well said! At times like this, there is a great need for unity amongst people.
Enough dissenters and naysayers exist without really adding any useful to the ongoing discussion.
Get rid of Islam and you wont have petty problems at this level. Islam is the devil... actually, get rid of all religions and drink a beer together. It would calm a lot of you idiots down 🙂
Unity without naysayers..now that's an interesting concept. So where do we round up all these naysayers and dump them in?
Peasant you accuse me of being an opposition apologist and claim that you are not a Nasheed sympathizer. That toe-stub-manhole analogy applies to you as well.
You fail to understand the nature of Maldivian politics. MDP is not bigger than Nasheed and his puppet masters. It never was and never will be. It is built around the cult of Nasheed as much as the other parties revolve around their cult leaders. Also, Nasheed is in it for the long run. He has made this very obvious in all of his actions and statements.
If we are to unite behind Nasheed as a leader and expel all dissenting voices from our nation then we must be assured of one important fact. Are we ready to sacrifice precious human resource to do so? The MDP has displayed time and time again that their government lacks suitable personnel to man all stations.
I do not support sinking our nation to save it - I think its that Anni you don't support who advocates that stand.
We need to put the breaks on all the aggression and work our way through this mire. Yet if we are to stick to our stated objective of allowing former Presidents and opposition figures to remain in the country and participate in politics then any solution must be compromise between these power players.
If you feel that I am talking nonsense then you are free to do so.