The Supreme Court ruled on Thursday that Independent MP Ismail Abdul Hameed could not attend parliament sittings as long as his conviction by the Criminal Court on corruption charges is not overturned.
The full bench of the apex court however ruled that the Kaashidhoo seat could not be declared vacant until Hameed exhausted the appeal process.
After the High Court upheld the Criminal Court verdict earlier this month, the convicted MP has filed an appeal at the Supreme Court, which has yet to decide whether to hear the case.
At Thursday’s hearing, Chief Justice Ahmed Faiz noted that under section 55 of the parliamentary rules of procedure, an MP convicted of a criminal offence could no longer attend sittings and participate in votes, adding that this was the norm in free and democratic societies.
The Chief Justice however stressed that Hameed had the right to appeal his conviction, with the possibility that it could be overturned.
Parliament sittings have meanwhile been disrupted and cancelled since October 24 due to a dispute between opposition and ruling party MPs over Hameed’s right to attend sittings.
The resulting deadlock has seen sittings cancelled for three consecutive weeks, excepting the week-long holiday preceding the SAARC summit on November 10 to 11.
Addressing objections of opposition MPs who insisted sittings could not go ahead with Hameed in attendance, Speaker Abdulla Shahid had said that in cases of dispute parliament did not have the legal authority to determine if an MP was stripped of his or her seat.
Shahid noted that according to article 74 of the constitution, “Any question concerning the qualification or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”
Opposition MPs however contended that there was no room for dispute as an MP with a sentence to serve could not attend parliament.
Following the second week of forced cancellations, Progressive Party of Maldives (PPM) MP Ahmed Nihan told Minivan News that opposition MPs did not wish to disrupt proceedings but were objecting because article 73(c)(3) of the constitution clearly stated that MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.
Parliament was disrupted and cancelled less than half an hour into today’s sitting after opposition MPs vociferously objected to the presence of convicted MP Ismail Abdul Hameed, insisting that sittings could not go ahead with the Kaashidhoo MP in attendance.
Hameed was convicted of corruption on August 29 and sentenced to 18 months banishment. He has since appealed the Criminal Court verdict at the High Court, which concluded hearings last week and is due to issue a ruling.
Parliament sittings have been cancelled since last Monday as a result of the dispute over Hameed’s right to participate in sittings and committee meetings pending a High Court decision.
Discussions among parliamentary group leaders to resolve the deadlock have so far been unsuccessful. Some committee meetings, where legislation is reviewed and stakeholders consulted, have however been taking place over the past two weeks.
Responding to points of order raised by opposition MPs today, Speaker Abdulla Shahid said parliament did not have the legal authority or jurisdiction to determine if an MP should be stripped of his or her seat.
Shahid noted that according to article 74 of the constitution, “Any question concerning the qualification or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”
“The constitution doesn’t say the Majlis Speaker, a Majlis member or any other state institution could do it,” he said, adding that by-elections would be called and conducted by the independent Elections Commission (EC).
The Speaker explained that the EC had sent a letter to parliament requesting that the Supreme Court’s counsel be sought to resolve the dispute.
According to article 95 of the constitution, parliament could “by resolution refer to the Supreme Court for hearing and consideration important questions of law concerning any matter, including the interpretation of the constitution and the constitutional validity of any statute.”
Parliament’s Independent Institutions Committee has however been unable to reach a decision on seeking the Supreme Court’s opinion on the issue.
Shahid noted that the Supreme Court could only offer assistance if parliament passed a resolution.
“Therefore, a solution to this could be found when the Supreme Court considers the issue and makes a decision,” he said. “Today’s sitting was held because as Speaker I believe that until then we should proceed with the work of this Majlis.”
Opposition MPs however continued to raise points of order contending that there was no room for dispute as an MP with a sentence to serve could not attend parliament. After the series of consecutive points of order, Speaker Shahid called off today’s sitting.
Following last week’s forced cancellations, Progressive Party of Maldives (PPM) MP Ahmed Nihan told Minivan News that opposition MPs did not wish to disrupt proceedings but were objecting because article 73(c)(3) of the constitution clearly stated that MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.
“What if later at some point the High Court and the Supreme Court upholds the lower court’s ruling and declares that his seat is vacant?” he asked. “If that happens, then another issue will be raised – how do we know if the votes he gives now are valid?”
Four MPs of the opposition Dhivehi Rayyithunge Party’s (DRP) breakaway Z-faction were forcibly removed from the chamber today after Deputy Speaker Ahmed Nazim invoked the Speaker’s authority to evict disruptive MPs by force from the parliament floor.
Z-DRP MPs Ahmed Mahlouf, Ilham Ahmed and Ali Arif were forcibly taken out of the chamber by MNDF officers while MP Ahmed Nihan left of his own accord.
All four MPs had been ordered to leave by the Deputy Speaker after repeatedly advising disruptive MPs to return to their seats.
“I believe we have to find a solution to Majlis sittings being stopped because of this issue,” Nazim said this morning when Mahlouf refused to leave after about 15 minutes. “I intend to go ahead with getting the MP out under article 54(g). I am adjourning the sitting to do this.”
MPs of the Maldivian Democratic Party (MDP) cheered and applauded the decision. The ruling party MPs had bolted the chamber doors and refused to let opposition MPs leave yesterday.
Article 54(g) of the parliamentary rules of procedure states that the Speaker has the authority to expel an MP who refuses to leave the chamber despite the Speaker’s ruling “in a way that does not undermine the sanctity of the People’s Majlis.”
Crowds of activists and supporters of both parties had gathered outside the parliament building to continue yesterday’s protest. However police had cordoned off the area and used pepper spray to control confrontations between rival supporters.
Sub-Inspector Ahmed Shiyam told Minivan News that while “a few people were temporarily detained,” the scuffles and disturbances were not serious and no one was arrested.
Today’s sitting was meanwhile adjourned a number of times to evict the Z-DRP MPs. However following the expulsion of Vili-Maafanu MP Ahmed Nihan from the chamber, proceedings went ahead smoothly with the exception of disruptive points of order raised by some opposition MPs, notably People’s Alliance (PA) MP Abdul Raheem Abdulla and Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed.
The Z-DRP MPs had contended that a sitting held last week to approve the composition of committees was “unlawful” as MPs were informed via text message just two hours before it began at 8.30pm.
10.00am: MNDF officers have reportedly entered the chamber and are pleading with MP Mahlouf to leave the chamber.
10.30am: Police have used pepper spray to control protestors and arrested some activists. Male’ City Councillors are reportedly among the crowd.
10:40am: Nazim’s party, minority opposition People’s Alliance (PA), alleged yesterday that the Deputy Speaker suffered an injury in a scuffle with Maldivian Democratic Party (MDP) MPs yesterday. “We consider this a criminal offence carried out by some members belonging to MDP and we condemn the act in the strictest of terms. We call on the authorities to investigate the matter,” the party said in a statement. Haveeru published a photograph of a cut finger. Nazim’s explained that his finger was caught between his desk and a chair placed by an MDP MP to block him from leaving the Speaker’s chair.
10:57am: MP Mahlouf has been removed from the chamber by MNDF officers on orders from Deputy Speaker Ahmed Nazim.
11:50am: Majlis sitting has been adjourned again shortly after it began when MP Ahmed Ilham was ordered to leave the chamber but refused to comply with Deputy Speaker Nazim’s order.
12:10pm: Z-DRP MP Ahmed Mahlouf has told Minivan News that the Deputy Speaker called out his name and ordered him to leave the chamber when he raised a point of order to inquire about some documents missing from his desk.
”I left an agreement and some very important documents on my desk last night and when I came this morning it was missing, so I took point of order to ask about it,” he said.
Mahlouf said that Maldives National Defence Force (MNDF) officers came inside the chamber and “dragged me outside using force.”
“Later while I was standing outside, MDP MP Ali Waheed (former DRP deputy leader) came at me, spit in my face and hit me on the face,” he claimed.
12:16pm: MNDF officers have reportedly removed Ilham from the chamber.
12:33pm: MP Ali Arif has also been removed by MNDF officers after he refused to leave the chamber when ordered by Deputy Speaker Nazim.
1:10pm: Majlis sitting has resumed at 1pm without the three evicted Z-DRP MPs. Deputy Speaker Nazim is proceeding with the agenda items. Debate on the government’s proposed amendment to the Import-Export Act of 1979 has begun. The amendment bill is being presented to the floor by MDP MP for Maafanu South Ibrahim Rasheed.
1:42pm: Deputy Speaker Nazim has repeatedly appealed for calm after Z-DRP MPs Ahmed Nihan, Abdul Muhsin Hameed and PA MP Abdul Raheem Abdulla raised points of order to protest the removal of opposition MPs by force. MP Ibrahim Muttalib resumed speaking in the debate but a number of opposition MPs are on their feet in protest. “I don’t believe I can continue speaking in this environment,” Muttalib has said.
1:45pm: Deputy Speaker Nazim has ordered Nihan to leave the chamber and adjourned the sitting.
2:00pm: The sitting has resumed after Nihan left the chamber without being escorted out by MNDF officers.
3:30pm: Today’s sitting of parliament has just concluded. Debate on the proposed amendment to the Import Export Act was completed while preliminary debate began on the Business Profit Tax Bill.
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