The Maldives Supreme Court has issued an injunction delaying the second round of the presidential election until it has finished looking into alleged discrepancies in the first round.
The second round had been scheduled for this coming Saturday – September 28.
“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court injunction.
The ruling was discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.
The decision came today just hours after Maldivian Democratic Party (MDP) members held a demonstration outside the Supreme Court, brandishing stills from one of the numerous sex-tapes allegedly involving Justice Hameed.
The MDP – the party with the most votes in the first round, with 45.45 percent – reconvened the People’s Majlis in order to push for the reconstitution of the Supreme Court bench.
“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement last week.
Despite chaotic scenes inside the Majlis yesterday, the party was able to push through a motion today calling for the second round to go ahead as scheduled.
MDP MP Hamid Abdul Ghafoor has said he was not surprised by the decision.
“The Supreme Court has gone against all common sense, international opinion and the majority of the country without any evidence to do so,” he said.
Ghafoor added that any indefinite postponement of the second round vote was unrealistic, while claiming the decision had been made by the court without any real evidence to support its decision.
The MDP said it was too early for the party to announce how it would seek to move forward on the basis of the court’s verdict today, though he said it would “likely involve direct action.”
A meeting of the party’s National Council has been announced for 10:30pm at Male’ City Hall.
Constitutional?
The court accepted the case six days ago, after the Jumhooree Party (JP) – which placed third in the first round – filed a case to annul the vote, alleging multiple discrepancies and fraud.
In a week’s worth of hearings, the complainant has still to produce concrete evidence, with the Election Commission’s lawyer – former Attorney General – Husnu Al Suood likening the case to a “fishing expedition”, alleging the JP was hoping to file another lawsuit based on any evidence collected from the current case.
The JP has rejected any assumption that an indefinite postponement to the country’s election may lead to political instability in the nation.
JP Deputy Leader Dr Ibrahim Didi said that ensuring a free and fair election was ultimately the most important factor in assuring stability within the Maldives and a “sustainable democracy” going forward.
“Political stability depends on political leaders’ actions, reactions and their party’s activities,” he said.
Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen, who was set to stand against MDP candidate Mohamed Nasheed in the run-off vote, told Minivan News there was “nothing unconstitutional” with the court verdict.
“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he told Minivan News.
Yameen, who came second in the first round vote with 25 percent, said the country “should elect” a president soon.
Article 144 (b) of the constitution, titled ‘powers in constitutional matters’ states that, when deciding a constitutional matter within its jurisdiction, a court may make any order that is “just and equitable”, including:
“An order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”
Elections Commissioner Fuwad Thowfeek previously told Minivan News that the constitutional timetable for the transfer of power could not be met should the run-off be delayed.
“120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied,” he said.
Despite the vehement criticism from sections of the media, civil society and the JP, the conduct and capability of the EC has been universally lauded by international observers.
After Commonwealth Special Envoy, Sir Donald McKinnon, this weekend joined in calls for the September 28 run-off to go ahead as schedule, the Maldives Foreign Office warned international observers to “help, not hinder” the state’s institutions.
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What we’ve predicted has just happened. The disgraced Supreme Court has ordered the postponement of the 2nd round. Let’s think about the legitimacy of this in light of:
(1) Burumaa Gasim was until a few weeks a member of the JSC.
(2) Burumaa Gasim has continued to defend the disgraced fornicator Ali Hameed who continues to sit on the Supreme Court bench.
(3) The evidence given to the Supreme Court so far by JP has been circumspect at best with regard to the 1st round. Anyone can go around claiming they never voted and someone else voted on their behalf! Those are not verifiable claims.
Just take a good look at this list:
"Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla and Justice Dr Ahmed Abdulla Didi."
The title "Justice" given to these is the most unjust act possible. This is a dark day in the democratic life of the Maldives. Even darker days lie ahead.
Amazing how one deluded and egotistical businessman can ruin the democratic hopes for thousands.
A simple look at the justices involved confirms that this is a political affair.
So we have the PPM/JP justices stacked against the MDP ones. Fact is, the Supreme Court, when it was opaquely put together behind the veil of an intervention organized by our friends abroad, was put together to reflect the political realities in Parliament at the time. Hence the inherent strength of JP/PPM if it comes to a standoff.
Yet this does not bode well for our judiciary and neither for our country. This sort of brinkmanship threatens to drive our fledgling democracy into chaos. We must look for a political solution through dialogue and compromise. We must stay away from more conflict and inflammatory rhetoric.
To do this, both sides should and must come to the table. Clearly MDP has the JP/PPM alliance outnumbered in Parliament. Meanwhile the judiciary and the security forces are in the hands of the latter. The abuse of these institutions for political warfare will scar them for ages to come. Political dialogue is the only way.
If MDP is to be elected this time around then so be it - let the outcome of such dialogue be promises to ensure a conducive environment for a political opposition as well as commitments to forgo politically-motivated vengeance-driven investigations and prosecutions until our failing State is put back up and our society and economy get some room to breathe.
This was something obvious. Unless these psychopaths are removed from that bench you will have more surprises in the future. Morons have no remorse what so ever to do anything that fit to their liking even if it is to screw women in public. This gives enough support to remove these unfit made people from the Supreme Court if MDP comes to power. I am sure the next thing you will hear would be annulling the first round. That would be something even better, should Anni be elected this gives every reason to squeeze their balls for playing with the sentiment of people and should make them pay for the loss of millions of Rufiyas.
international community may raise their concern but as long as Supreme Court's order is constitutional, there nothing much they can do.
What a surprise! Nobody could have seen this coming. I just wish the "international community" would grow some balls and pull ALL financial aid for this joke of a government. If they don't need foreigners to run a credible election, they don't need foreign aid either.
Well laid plans by Mr.Burma gasim and Burmese junta economist come into effect, it was to be expected. Fortunately the infighting between the two former collaborators should be a boon for the general public who wants democracy.
Even if delays it is too late to change the inevitable outcome of the election, I hope MDP chooses the due process route.
a real cocked up supreme cot! Hahaha. When hell breaks loose, supreme cot 's balls will be yanked! Waiting to see the fun!
...sooner or later, Maldives will join Egypt, Syria, Tunisia, Libya..as the streets will finally decide the fate of the country. A time will come where the parliament, the judiciary and many law institutions will loose the validity and need to the power of the street.
...this country cannot be let slide into chaos that would lead to further hardships, collapse in tourism and the beginning of poverty. Four judges with influence from forces of the dark era should not be allowed to decide our fate.
...most are losing patience, developing frustration, rage, hatred that may lead to unexpected outcomes. For how long would we be patient talking and talking????
BEYOND BELIEF, TOTAL CORRUPTION AND MADNESS!!
These judges have effectively brought back a real dictatorship - they are working for this dictatorship and they must be made accountable for their decision to make the Maldives into a dictatorship again - they should be taken before an international tribunal. They should be made to PAY for the crime of taking away democracy from the people of the Maldives. They MUST answer to a higher authority in this matter and MUST PAY.
Ali Hameed is into live porn, Abdullah Saeed into abject hatred of Nasheed arising from his petty personal ego related grievances, Adam Mohamed is a raving lunatic, short of a self appointed messiah and Abdulla Didi is a peabrain who have not stepped in a Courthouse.
“Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla and Justice Dr Ahmed Abdulla Didi.”
Once again, take a good look at these characters.
(1) Ali Hameed. Does he need any more introductions? The undisputed, heavy weight (literally) champion fornicator. How this guy dares to show his face anywhere is just beyond me.
(2) Adam Mohamed Abdulla. Well, well, where do we start with this chap? The whole Judicial Services Commission has been rendered useless by this man.
As for the other two, they are remnants of the old dictatorship; firmly embedded to protect the interests of the clan.
Together these four men, are holding the entire nation to ransom. One thing is for sure: this disgraceful act will come to haunt them in the not too distant future. They cannot ride rough shod over the will of the people.
No one ever thought that Gay Yoom could be marched off his golden toilet seat. In 2008, the people did it. These four men may think they are invincible today. Wait and see...
And so, the glorious age of war begins yet again.
What if Anni had got 51% of the vote in the first round? Would this chaotic nonsense have still occurred?
Sadly money, privilege and self interest would suggest it would have.
But those Maldivian people with a thirst for real democracy are a powerful force and should not be underestimated by the baagee.
It now is the time for "WE THE PEOPLE" to quickly speak up and take action.
What a fine mess you have made of your so called 'democratic elections'.
You should have asked the Indians for help.....he he he.....gloat gloat gloat.
I wish Maldivian TV was beamed to India so we 'kuffars' could have a good laugh.
then,finally a civil war may happen
Of course, the public has the right to go into the street and protest; however what they must be cautious and understand is that only peaceful protests are protected by the international humanitarian law. What constitutes a peaceful assembly can be considered only when the leaders and the organizers including the participants have peaceful intentions and not advocate, incite, provoke or use violence. What we need to know is that the police have an obligation to remove the violent individuals from the crowd so that the peaceful protesters can exercise their basic rights on the freedom of assembly and expression. If we do not embark on this path, the reality is that we may again fall in to the same trip. The possibility of a military coup is well underway.
MissIndia NewDelhi u just proved that you are a Maldivian!
Maldivians accuse non-Maldivians of being Maldivian as though they think we would take it as an insult to be called a Maldivian. Why would I be insulted or feel bad to be a Maldivian? I don't quite get it, I would be proud to be a Maldivian, would shout it from the rooftops.
Maldivians, like all human beings, were created in the Image of God - and therefore, have something beautiful about them as we ALL do, though that beauty is often repressed by the trauma of fear and the greed of the rulers.
Supreme court had not nullified the election result. All what they have done is issuing of injection for a case filed by JP. Let supreme court do a proper investigation and then let them give a confirmed verdict .
Since there is a reasonable ground to believe that rigging of votes by MDP had happened and supreme court has the rights to postpone the election for the sake of 60% of our population.
This postponement is essential to make it right for the second round election to avoid MDP to manipulate the vote results like in the first round.
I wonder why MDP is so afraid now since they had got 45% in then first round and if they keep quite and do proper campaign, they can win the election. Why all these violence ?
Thier actions are against proof of their guilty and they know that they can not do similar tactics to manipulate the result in the second round.
@facts on Tue, 24th Sep 2013 1:15 PM
"I wonder why MDP is so afraid now since they had got 45% in then first round and if they keep quite and do proper campaign, they can win the election. Why all these violence ?"
For someone using the nick of @facts, you've clearly got it all wrong.
(1) I don't think MDP or anyone else is "afraid". The problem here is that money and power have been used to buy the judges and the courts. Money and power couldn't buy the votes that Gasim hoped for, so he's using the only means available to him.
They staged a coup of 7th February and got rid of the elected government. Now the same lot are using the discredited judiciary to prevent people casting their ballots to elect their leader of choice. No one is going to stay quite, when their rights are being trampled upon! That's the democracy we're fighting for.
(2) Why do I say that money and power have been used to buy the judges? Quite simple. Gasim was until a few weeks ago sitting in the Judicial Services Commission that oversees judges conduct. He explicitly turned a blind eye to Ali Hameed's fornication scandal despite it being obvious to any human being.
(3) What violence are you talking about? There has been no violence. The right to protest is guaranteed by the Constitution. What did you call it, when JP supporters turned up outside the EC Commissioner's house shouting abuse?
Cornered rats, enough said. There was always a plan B: otherwise they would have been more desperate in the run up to the elections. All the coup plotters have shown their true colours - and still trying to hide behind the constitution along with their largely unconstitutional corrupt judiciary. Typical few bad apples....Maldivians deserve much better than this grasping greedy lot. Why can't they just get the message that they are not wanted by anyone sane? Hard though it may be this is the time to stay clear headed.