Tag: high court

JSC appoints five judges to High Court bench

The Judicial Service Commission (JSC) has appointed five judges to the High Court bench. The five took their oaths of office last night.

The five were Shuaib Hussein Zakariyya, Dr Azmiraldha Zahir, Abdurauf Ibrahim, Abbas Shareef and Ali Sameer.

The appointment of the judges had been previously scheduled however right before the five were about to take the oath and officially commence work, Criminal Court Judge Abdul Baary Yousuf filed a case in the Civil Court claiming that there was discrimination between men and woman in the appointment.

Judge Baary’s case, which was later taken to the Supreme Court, ended up as a void complaint after the court ruled that Judge Baary had left the town without informing the Supreme Court.

The High Court has said on its website that the five new judges have taken the oath of office last night.

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Failing to obey superior court’s decision violates constitution and Judges Act, Supreme Court warns Naeem

The Supreme Court has said that refusing to follow a decision made by a superior court violates the constitution and violates the Judges Act.

The Supreme Court’s statement comes after Civil Court Judge Mohamed Naeem said he would not accept cases concerning the state because the parliament had not then decided whether to give consent to reappointed Attorney General Dr Ahmed Ali Sawad.

Sawad has now been dismissed by the parliament for the second time, following his second reappointment by President Mohamed Nasheed.

The Supreme Court’s statement said that judges should at all times avoid any matters that could harm the reputation of the judiciary or cause people to lose confidence in the justice system.

The court also noted that it was against the code of conduct of the judges to disobey a decision made by a superior court.

The Judicial Service Commission (JSC) has formed a sub-committee to investigate judge Naeem after he told the press that he had decided not to accept cases concerning the state, despite the High Court’s decision to accept cases.

Judge Naeem revealed that the Civil Court judges were split on the issue, however the majority of the judges said they wanted to accept and conduct trials of cases concerning the state despite the fact that Dr Sawad’s appointment procedure was then not completed.

President’s Member of the JSC, Aishath Velezinee, has stated on her Article 285 blog that “Judge Naeem has been under investigation since the interim Commission, [for] nearly two years. No updates on the investigation [have been] tabled despite the legal requirement that a report must be submitted in writing every 30 days.”

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Villigili ballot box recount reveals 49 votes invalidated erroneously

A recount by the Elections Commission (EC) of one ballot box in Gaaf Alif Villigili as ordered by the High Court last week has revealed that 49 votes were erroneously invalidated, reports SunFM.

The case was filed at the High Court by island council candidate Anbaree Anwar Moosa, who was placed eighth with two votes short. Seven councillors were elected to the Villigili island council.

However, Anwar Moosa did not receive any votes from the validated 49 votes.

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EC slates Kelaa re-vote for April 9

The Elections Commission (EC) has announced that a local council by-election in Haa Alif Kelaa will take place on April 9 after the High Court declared the previous results invalid and ordered a re-vote.

The High Court ruled that the ballots were counted in a nearby island in violation of the Elections Act following disturbances in Kelaa on February 5.

The polling station in Kelaa was closed 15 minutes from time by EC officials who declared that people who left the queue would not be allowed to vote, angering many islanders and sparking confrontations.

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High fines and prison sentences as High Court concludes 33 elections cases

The High Court of the Maldives has concluded all 33 cases concerning elections and has delivered verdicts on the cases.

The High Court said it has fined eight candidates who ran for the Local Councils Elections Rf 20,000 (US$1556) for giving false information to the Elections Commissions (EC).

Seven candidates who ran for the Local Councils Elections were fined Rf 12,000 ((US$933) for running as a candidate when “the court found that they had unpaid decreed debts, which makes the person ineligible for running as a candidate,” said the High Court.

One person was sentenced to one year imprisonment for obstructing the elections, said the High Court, while another person who filmed his vote was fined Rf 12,000 (US$933).

The High Court ordered the Elections Commission to hold the elections on Haa Alifu Kelaa Island Council and elections of Haa Alifu Atoll Councils once again.

In addition, there was no reason that two ballot boxes QO3.09.01 and Q03.09.02, kept in Faresmathoda, should be declared void, said the High Court.

The Court also ordered the Elections Commission to break the security seal of Ballot Box number W07.1.1, which was kept in Hinamfushi Prison, and ordered that it be recounted.

On February oath taking ceremonies for successful candidates have been held in all but 14 areas, where the High Court ordered the suspension of the ceremonies until the cases filed regarding the elections were concluded.

Ceremonies scheduled to be held for H.Dh Nolhivaranfaru island council, H.Dh Nolhivaram area Atoll council, N. Miladhoo island council, R. Maduvvari island council, R. Maduvvari Area Atoll council, G. DH Faresmathoda island council, G.Dh Faresmathoda Area Atoll Council, A.Dh Dhangethi island council, A.A Mathiveri island council, A.A Atoll council, L. Atoll council, G.A Vilingili island council,G.A Atoll council and L. Dhambidhoo island council were delayed by order of the High Court.

The ruling Maldivian Democratic Party (MDP)’s Deputy Secretary General Mohamed Imthiyaz recently said in a statement that the Local Council Elections were not conducted fairly, and accused the Elections Commission giving more power to a ”specific political party.”

Imthiyaz said that MDP’s complaint bureau had received “more than 1000 complaints” regarding the elections from different areas, which could potentially affect the result of the elections.

”MDP has requested the Elections Commission re-conduct elections in some councils and to recount the votes in some others,” said Imthiyaz.

The MDP said it had received information that an under-aged boy had voted in the local council elections and that a house that should have been registered in Galolhu South was registered in Mid-Galolhu area.

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Supreme Court ruling does not mean Kaafu and Shaviyani Atoll office can be relocated, says AG

Attorney General, Dr Ahmed Ali Sawad, has told Minivan News that a Supreme Court verdict overruling “contradicting” court orders issued by island courts over the relocation of some Atoll Council offices did not mean that the issue was as yet resolved.

”It [the Supreme Court decision] is a different ruling because two courts of the same level have issued two different court orders on the same issue,” said Dr Sawad. ”The real issue over the legality of the relocations still needs to be addressed within the Thulusdhoo Island Court and Shaviyani Funadhoo Island court.”

The Supreme Court of the Maldives has recently invalidated court warrants issued by the Kaafu Atoll Maafushi Island Court and Shaviyani Atoll Milandhoo Island Court that were deemed to have contradicted earlier rulings by local magistrates over the location of council offices.

This court actions occurred this week as the government come into conflict with members of Shaviyani Atoll and Kaafu Atoll councils over the decision to move their administrative offices to different locations. The government has claimed that the decisions were not within the legal powers of councilors.

The Atoll Councilors of Shaviyani Atoll moved from their Administrative Office in Milandhoo to a building in Funadhoo, which was formerly used as Atoll Office of Shaviyani Atoll. Kaafu Atoll Councilors moved from an assigned Atoll Office in Maafushi to a building in Thulusdhoo, which was also formerly used as the Atoll Office of Kaafu Atoll.

The government opposed these actions, sending police to the islands over concerns that the buildings were its own assets and needed protection.

The case was then brought in front of Funadhoo Magistrates Court, which ruled that the Administrative Office should be located in Funadhoo. This occurred two days before the Milandhoo Magistrate ruled that Administrative Office shall be in Milandhoo.

Likewise in Thulusdhoo, the island court of Thulusdhoo ruled that the Administrative Office shall be in Thulusdhoo, before the Maafushi Island Court ruled in favor of retaining the Administrative Office in Maafushi.

The Supreme Court said that after one court has ruled on a case, another legal institution of the same level had no authority to overturn that ruling. This made the later rulings invalid according to the Supreme Court.

Meanwhile, the High Court also concluded that there was no capacity for an appeal requested by the Attorney General to rule that the court order of Thulusdhoo Court.

The High Court said that there was no reason to believe that the actions of Thulushoo Court were against the law or correct procedures.

Recently Shaviyani Atoll Council’s Vice President Mohamed Arif has said the best way to solve the issue was by handing over the case to a higher court of law, ”as it is a legal issue.”

The Home Minister also told media this week that the government would let the country’s higher-level courts decide the matter.

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Supreme Court rules after High Court on council office relocations

The Supreme Court yesterday ruled against orders issued by Magistrate Courts in Maafushi and Nilandhoo that called for atoll councilors to move the premises of their secretariat offices back to their islands.

Haveeru reported that the decision of the Supreme Court followed the earlier verdict of the nation’s High Court backing temporary orders issued by local Magistrates in support of Kaafu Atoll councilors who opted to move their offices in Maafushi to Thulusdhoo without government approval. The High Court had also ruled in favour of council counterparts in Shaviyani Atoll, who wished to move their own office from Maafushi to Thulusdhoo.

In the ruling, judges were said to have ruled unanimously against the Maafushi and Nilandhoo Magistrates Court claiming that rulings that contradict previous judgments made at national courts of the same level were invalid.

According to the paper, judges added that the three levels of courts in the nation were a vital means of guaranteeing law and order and no court was allowed to intervene in the “special jurisdictions” of another legal institution at the same level.

The issue of relocating offices and the powers of local councils formed during local elections last month has proved to be a particularly divisive issue this week for the country’s politicians and courts, with the country’s police service also being drawn into the dispute.

Correction: The article has been amended from its original form that incorrectly stated that the Supreme Court had ruled against the High Court. Minivan News apologises for the error.

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High Court orders EC to delay announcing official results of Kela

The High Court of the Maldives has issued an injunction on the announcement of official results of Haa Alifu Atoll Kela ballot box number A05.06.01, after a case was filed in High Court alleging that the Elections Commission had violated the Elections Act and the Elections Commission Act.

The Court said that if the official results of the H.A Kela Atoll and Island Council were announced, it could violate the rights of several citizens and requested the announcement of ballots be delayed until the court ordered otherwise. The High Court did not reveal who filed the case in the court.

Major disruption to voting occurred on the island of approximately 2200 people, when clashes between islanders, police and election officials forced authorities to evacuate the ballot box to Hanimadhoo.

“Officials were a little slow with the voting and as result of several small hiccups, we heard that there were too many people still waiting to vote (by the 4pm deadline),” Vice President of the Elections Commission Ahmed Fayaz Hassan told Minivan News at the time.

“We said we did not mind if they stayed open until 8pm or even 10pm so that everybody could vote, but [the situation escalated]. I think one of the reasons was that the officials were not experienced in dealing with such situations,” he said.

Reports in Haveeru suggested that over 600 people may have been unable to vote after the polls closed on the island.

The ruling Maldivian Democratic Party (MDP) has  alleged that the Elections Commission violated the Elections Act and was  unfair and one sided during the Local Councils Elections.

The party also said it was requesting that the Elections Commission hold elections in Kela for a second time.

Local newspaper Miadhu quoted President of the Elections Commission Fuad Thaufeeq saying that the final results of all the Atoll Councils and Island Councils except for H.A Kela Atoll and Island Council will be announced today. Miadhu reported Thaufeeq as saying that the Commission will follow the court’s order and hold elections again anywhere it was asked to do so.

Thaufeeq and Fayaz were not responding to Minivan News at time of press. Staff at the Kela island office said they did not want to comment on the matter.

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International Commission of Jurists raises courts concerns ahead of Maldives report launch

The International Commission of Jurists (ICJ) has told Minivan News that it has serious concerns over the structure and operations of the Maldives judiciary, which are set to be outlined in the findings of a “comprehensive” new report to be released next week.

Roger Normand, director of the ICJ’s Asia Pacific operations said that although he could not reveal specific details of the report ahead of its publication on Monday, a number issues will be raised by the NGO concerning the independence of the Maldives judiciary, as well as the conduct of the government during last year’s constitutional “crisis” over the legitimacy of judges in the country.

The comments were made as institutions such as the country’s High Court are said to effectively be on “hiatus” due to ongoing legal disputes involving the appointment of a bench to oversee its cases – a trial that is currently awaiting a final decision by the country’s Supreme Court .

The appointments issue was initially raised in Civil Court by Criminal Court Judge Abdul Baary over claims that the appointment procedures of the local watchdog body, the Judicial Service Commission (JSC), were unjust.

Eventually the Supreme Court ruled that the Civil Court did not have the mandate to rule on appointments of a higher authority such as the High Court and that it should therefore have the final say on such a constitutional matter.

In this environment of judicial uncertainty, High Court Chief Judge Abdul Ghani Mohamed told Miadhu today that the issue of completing the bench was a huge challenge for the institution.

However, he claimed that various parties were working on a solution to ensure human rights were not being lost out on due to concerns that the court was “now almost on hiatus” due to the ongoing appointments case.

Forward looking report

Although not wishing to discuss any specifics ahead of the publication of the ICJ report, Normand said that the findings could be expected to detail a number of issues claimed to be specifically at odds with judicial structure and general practice designed to ensure greater transparency in line with the independence of certain courts in Europe and Asia.

“[The findings] are going to be part of a forward looking report for the country, given that you can’t have democracy without strong judiciary,” he said. “It’s essential for all political parties to work towards strengthening an independent judiciary under the framework of the Supreme Court.”

The report’s findings could prove hugely significant for groups such as the JSC that has faced criticism in recent months over their transparency.

The attacks are perhaps more significant in that they come from one of the JSC’s own members in the form of Aishath Velezinee, who now faces internal disciplinary action for her work in leaking details of their operations.

Velezinee, an outspoken critic of the JSC’s refusal to adopt a Standards of Procedure as required by the Constitution, earlier this month accused several fellow members of corruption and treason.

She has published a large cache of JSC documents, including audio recordings of Commission meetings, on her personal website as evidence, she says, to support her accusations.

The JSC last month appointed a special three-member team to decide on the best course of action against JSC member Aishath Velezinee for removing official documents from the Commission’s premises.

The JSC, which is yet to adopt a Standards of Procedure a year after the 26 January 2010 deadline, earlier this month, passed new secrecy regulations that make it an offence for members to reveal any Commission business to the public without prior authorisation.

A number of JSC members contacted by Minivan News were not available for a response at the time of going to press.

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