Tag: supreme court

State requests extension to respond to Yameen civil suit

The state has requested an extension in the civil suit brought by MP Abdulla Yameen against the Maldives Police Service for unlawful arrest, claiming that it is awaiting a report from the Supreme Court of its verdict on a related case, reports Haveeru.

The Supreme Court ruled on June 29 that Yameen’s arrest on charges of alleged bribery and attempting to overthrow the government was unlawful.

At the second hearing of the case on Sunday, Yameen’s lawyer Azima Shukoor, a former Attorney General, argued that the absence of the Supreme Court report was not justifiable grounds for failing to answer to a civil suit.

Judge Aisha Shujune adjourned the hearing after scheduling the case for November 29 and told the state attorney that it would be the final opportunity to respond.

While the lawsuit did not specify an amount for compensation or damages, Azima argued at the last hearing that the arrest was in violation of articles 47(b), 45, 46 and 48(a) and that the claimant had to spend Rf61,005 on strengthening security at his residence and Rf668,950 on lawyer’s fees. In addition, the claimant also claimed to have suffered emotional and psychological distress during the arrest, which took place while an angry crowd was protesting outside his house.

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Police to investigate vandalism of Supreme Court

Police have launched an investigation into the last week’s vandalism of the Supreme Court, the former palace of Maumoon Abdul Gayoom, after black oil was sprayed onto  the walls of the building,

The vandalism occurred during a week of opposition-led protests, triggered by a disagreement with the government over the process of endorsing the reappointment of cabinet ministers. The Supreme Court last week ordered the parliament to delay the cabinet endorsement until the court delivers a ruling.

The court also issued a statement calling the act “disgraceful”, claiming that it “tarnishes the reputation of the court.”

The Supreme Court has now filed the case with police. Sub-Inspector Ahmed Shiyam said police were investigating the matter, but that so far nobody had been arrested in connection with the crime.

The court also said the official name board of the court was also sprayed with the oil.

DRP MP Dr Abdulla Mausoom said DRP’s protests were not an objection to the ruling of the Supreme Court.

“We protested to express our concern over the actions of the government for disrespecting the constitution and deliberately attempting to delay the cabinet endorsement,’’ said Mausoom.

Mausoom said DRP’s protest last week was concluded “precisely on the decided time”, and that it had no connection with the act of vandalism.

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Supreme Court appeals for respect

The Supreme Court has appealed against “spreading misleading claims” harmful to the character and integrity of judges.

A statement issued by the court yesterday claims that such falsehoods would impede judges from impartially fulfilling their duties.

“And since protecting the honour and dignity of the courts with the law and through other means is obligatory upon all persons under article 141(d), and because the Supreme Court of the Maldives believes that making misleading claims about Maldivian judges violates the dignity of the lawful courts, we remind everyone to immediately cease spreading or repeating any misleading claim,” it reads.

The statement does not reveal the nature of the “misleading claims”; however, speculation in the media has focused on a case reportedly filed at the High Court challenging the eligibility of Supreme Court Justices.

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Bill on judges scheduled for parliament today

The controversial bill on judges is scheduled for today’s session in parliament. The committee stage of the bill will conclude and the presented to parliament chamber for the MPs to debate.

The Maldives National Defence Force (MNDF) has meanwhile locked the Supreme Court and is barring entry to the judges, despite handing over the Supreme Court key to the Chief Justice as per a court ruling by the Civil Court on Sunday.

The case was presented to the court by the Prosecutor General requesting that the Supreme Court’s key should be returned to court staff. The MNDF is continuing the blockade despite pragmatic adherence to the legal technicality of handing over the key.

The opposition has claimed the interim Supreme Court should continue to function until the appointment of a new Supreme Court, as per article 284 of the Constitution in Chapter 14, which governs the transitional period.

Earlier in year the Supreme Court judges sent a letter to the president, declaring that they had ruled themselves permanent.

The judges of all courts, who met requirements approved by the Judicial Service Commission (JSC), have meanwhile taken oaths for 70 years despite many having criminal convictions, limited qualifications, and in many cases, primary-school level education.

The government contends that the interim Supreme Court no longer exists on conclusion of the interim period, as Chapter 14 is now annulled. The deadlock worsened considerably on conclusion of the interim period, as the constitution was one of the few areas on which both sides of the political sphere agreed.

Meanwhile, Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeco’ Moosa Manik has told local newspaper ‘Miadhu’ that the parliament will today conclude the work on the law on judges, reestablish the Supreme Court and appoint the Chef Justice according to the constitution, before midnight.

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Ali Waheed told newspaper Miadhu that the party would being street demonstrations if today’s session did not continue, accusing the MDP of  obstructing the sessions.

Attorney General Husnu Suood resigned on Sunday claiming his job was untenable due to the constitutional void created by parliament’s failure to legislate and cancellation of critical sessions. He also called on the Speaker of the parliament Abdulla Shahid to share responsibility for the situation and also resign.

Parliament had promised to complete necessary legislation in a special session on Saturday, but this was cancelled by the speaker.

Reports this morning suggested the session was proceeding cautiously.

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Civil Court orders the immediate release of Supreme Court’s key

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.

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Legal limbo leads MNDF to confiscate Supreme Court keys, after Majlis cancels last session of interim period

The Maldives National Defence Force (MNDF) confiscated the keys to the Supreme Court on Saturday afternoon pending the conclusion of the interim period of the Constitution.

Press Secretary Mohamed Zuhair said the President had ordered the move “to prevent entry until the Majlis (parliament) reaches a consensus [on appointing the new Supreme Court judges].”

Zuhair explained the decision to confiscate the keys was made “to avoid unforeseen circumstances, because right now there is a difference of opinion as to what will happen should the Majlis fail to reach a decision by tonight.”

The current Supreme Court judges have previously declared themselves permanent in a letter sent to President Mohamed Nasheed, although the President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, claims this was unconstitutional “and no one has recognised or even mentioned it.”

According to the constitution, the president is required to nominate the new Supreme Court judges following consultation with the Judicial Services Commission (JSC), and then present the names to parliament to approve in a vote.

Nasheed has already nominated Supreme Court Judge Uz Ahmed Faiz Hussain for the position of Chief Justice, however “he has not been able nominate [the rest of the bench] because parliament has not yet passed the Bill on Judges that stipulates the number required,” Velezinee said.

The constitution obligates parliament to resolve the matter before the end of today, however scheduled sessions were postponed to 8pm and then eventually cancelled in a statement issued by the Speaker, opposition DRP MP Abdulla Shahid, on the grounds that both sides were unable to decide the matter.

The Majlis was also to approve nominations for the Human Rights Commission of the Maldives (HRCM) and the Civil Service Commission (CSC).

Under the constitution, the cancellation effectively leaves the country in a legal ‘limbo’ period as of midnight, without several institutions functioning legitimately including the country’s highest court – “as of midnight there are no Supreme Court judges”, Zuhair noted.

Parliament has also yet to approve the reinstated cabinet ministers.

A senior government official told Minivan News that “rather than leave the country without a legitimate judiciary on conclusion of the interim period, the President will decree at midnight that the trial courts [the Criminal and High Courts] will continue to function, while an interim body of credible judges of high reputation will serve as an appellate court, under advisory of the Commonwealth.”

Appellate courts have been used in countries like the United States, and are typically limited to reviewing decisions made by lower courts rather than hearing new evidence.

Foreign Minister Dr Ahmed Shaheed confirmed the President had proposed to decree that the two trial courts continue to function after midnight, “to give parliament time to pass the necessary legislation.”

However Dr Shaheed said the President would not re-mandate the current Supreme Court bench, “because that would be a de-facto extension and could go on forever.”

“Parliament has failed to complete legislation that would give legitimacy to the Supreme Court [under the new Constitution],” Dr Shaheed said.

He also said that while the government had asked the Commonwealth for assistance running the interim appellate court, it had not yet received an answer. The government had also briefed the UN Resident Coordinator, Andrew Cox, he said.

“It’s not just tonight’s cancellation [of parliament],” Dr Shaheed said. “Parliament has had two years to do these things. It baffles me why they would put the country in this situation – tonight people should be asking who they should blame.”

Minivan News was still waiting for a response from Attorney General Husnu Suood at time of press, following the announcement of the appellate court.

Suood had previously told newspaper Haveeru that parliament had the option of extending the transition period for another one to two months with a two-thirds majority vote, or by appointing a new chief justice before midnight.

“Questionable matters will arise when this state is over,” Suood told Haveeru.

Velezinee told Minivan News that the country was now “in a vacuum”, and the JSC had been asked to be on call to meet with the President and suggest names should parliament reach a decision.

She noted that the JSC now consisted of eight members, as the Supreme Court’s member and head of the commission Mujthaz Fahmy and ex-officio member of the Civil Service Commission (CSC) Dr Mohamed Latheef no longer retained their positions on conclusion of the interim period, until reappointed.

“I have asked the Secretary General to call the police if they try and enter the building,” she added.

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Supreme Court hears Gasim’s appeal

The Supreme Court of the Maldives has concluded  the hearing of Jumhoory Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim’s appeal to the High Court’s ruling that his house arrest be extended.

On July 3 the High Court, in response to an appeal filed by police concerning Gasim and People’s Alliance party leader MP Yameen Abdul Gayoom, extended their house arrest to 15 days.

The Criminal Court had earlier ruled their house arrest was to be for three days.

Chief Justice Abdulla Saeed was the Chief Judge at today’s hearing at the Supreme Court. Gasim’s legal team included former Attorney General Aishath Azima Shukoor, Leader of Dhivehi Qaumy Party and former Attorney General Dr Hassan Saeed and former Justice Minister Dr Mohamed Jameel.

Senior Assistant Public Prosecutor Dheebaanaz Fahmy, Assistant Public Prosecutor, Police Inspector Ahmed Jinah were among the eight members of the police legal team.

When judge asked police who reported the case, police Inspector Ahmed Jinah replied “the president’s office.”

Shukoor said that Gasim was misled and arrested illegally in an abuse of his rights, and that therefore extension of detention would also be unlawful.

“The Criminal Court judge ruled that to keep him under house arrest for three days and that police violated many articles of the consitution,” Shukoor claimed.

“As the case has now come this far, the police have not even once denied that they abused the right on arrest given under article 48(b),” Shukoor said. “Gasim Ibrahim was taken to the police station to clarify something and then police arrested him.”

Police in their defence said that they had the power to investigate crime, conserve evidence and prepare cases for disposition by the court under article 244(C) of the constitution.

“And under circumstances police can arrest someone without a court warrant,” said the lawyer. “Police have the right to arrest someone if the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence.”

He claimed that the constitution did not preclude police from arresting a MP who is charged on a criminal offence.

“If Gasim Ibrahim was under house arrest and could attend parliament it could potentially disrupt the evidence,” he said. “We request the Chief of Justice to transfer Gasim from house arrest to police custody.”

Chief of Justice Abdulla Saeed queried the lawyer as to the seriousness of the case.

“Gasim is accused of bribery, and we need time to investigate the case in order prove it,” the police lawyer answered. “He is also accused of treason, and that affects the whole of society.”

When judge queried whether the lawyer was concerned that Gasim might flee, and he replied that it was “difficult to say.”

Meanwhile, Dr Hassan Saeed presented a list of unanswered questions by the police, and police requested the judge to give them time to research the case.

Saeed also observed that the criminal court judge had ruled that police violated many articles of the constitution in arresting Gasim.

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Maldives government to go to Supreme Court to break political deadlock: Zuhair

The Maldives government is preparing evidence to file a case in the Supreme Court over the Majlis attempt to “grab powers invested with the executive”, according to the President’s Office press secretary Mohamed Zuhair in a statement to the Asian Tribune.

The government is also attempting to hold talks with opposition parties to encourage co-operation between the Majlis and the executive branch of government, said Zuhair.

Opposition DRP official Dunya Maumoon confirmed there have been “indications” of approaches for talks, and she criticised the government for attempting to govern without cabinet ministers.

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We will uphold the constitution and rights of the people: Supreme Court

Regarding the political chaos that has developed in the Maldives, the Supreme court has issued a statement assuring the people that the judicial system will maintain the power of the constitution and rights of the people for every individual without discrimination.

The judicial system is one of the basic elements of democracy and the most important institution for maintaining freedom and rights, says the Supreme Court.

”We appeal to the beloved people to maintain law and order,” said the statement. ”We are one nation, we speak one language, and our religion is Islam.”

The people had established a democratic policy to obtain economic development and a better life, says the Court.

”The basis of this policy is for the people, the executive and the institutions to obey the constitution and laws, and for the three powers of state to fulfil their obligations within the law,” the statement said. ”and for those powers to co-operate together to achieve national goals without impeding each other.”

However, former attorney-general Husnu Suood has said recently that he did not believe that the Supreme Court can make judgments fairly.

The government could not resort to the Supreme Court to overturn parliamentary decisions, “because we filed two cases in the Supreme Court, and they ruled it was not the right of the government to file such cases.”

State institutions had failed, Suood said, and senior officials of the judiciary were “irresponsible”, and the independent commissions were operating like “small governments”. “All this has brought the government to a standstill,” he said.

Meanwhile, opposition MP Ali Waheed has claimed that the government is trying to declare a state of emergency to gain more powers.

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