The Office of President Mohamed Nasheed Expresses Regret Over the Decisions of the Supreme Court on the Case Challenging the Legality of the Hulhumale’ Court

The Office of President Mohamed Nasheed expresses regret over the decision of the Supreme Court not to allow the Maldivian Democratic Party (MDP) to be a party to the litigation which may affect the chances of the Party competing in 2013 elections. “We understand no reasons were given by the Supreme Court as to the why it decided to not hear the case submitted by the MDP. We believe this goes against the principles of Natural Justice. As a Party which will be affected by the decision of the Supreme Court, we believe the MDP has locus standi and as such has the right to be heard” said Mariya Didi (MP) Spokesperson for President Nasheed.

The Office of President Nasheed further regrets, the Supreme Court’s decision to allow Justice Adam Mohamed to sit as one of the Justices in the case citing as a reason that the Supreme Court had come to the conclusion that this case should be heard by the entire Bench of the Supreme Court.

Justice Adam Mohamed is the President of the Judicial Services Commission, and hence the President of the body which is the Appellant in this case. One issue that was alleged by the other litigants was that the Hulhumale’ Court acted ultra vires, ie, outside the boundaries of the power given to it by law in setting up a Hulhumale’ Court. The Supreme Court will have to among other issues decide on this issue as well. “No man shall be his own judge and jury, is a fundamental principle of Natural Justice. The Supreme Court decides cases on simple majority and the President of a body that is the appellant and as such a Party to the litigation and in which one of the issues is the legality of it’s own acts, should be disqualified from sitting as a Judge in this case,” said Ms. Didi. “We are thinking of instructing lawyers to take up this case in the International Court of Justice (ICJ). After all once such basic principles of justice is ignored in our highest court of appeal, it paves the way for appeal to the ICJ,” she added.

The Office of President Nasheed calls on the Courts to respect human rights and the principles of Natural Justice in deciding issues.


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