Civil Court Judge Mariyam Waheed Loses Legitimacy and Capacity to Preside over Trial Proceedings in the Courts – The Supreme Court Decides
The Supreme Court has ruled that Mariyam Waheed, a Judge at the Civil Court no longer has the legitimacy and capacity to preside over trials in the courts of the Maldives.Â Relevant authorities of the state has been informed of the Supreme Courtâ€™s decision.
The Supreme Courtâ€™s injunction No. 04/SJ-SC/2017, is based on the following:
While Article 145 (c) of the Constitution stipulates the Supreme Court as the final authority on any matter dealt with by a court of law, Case No. 707/Cv-C/2017 of the Civil Court ruling which stated that â€œthe contract pertaining to section 8 of the agreement signed between the Government of the Maldives and Marine Technology Maldives Pvt. Ltd, governing the terms for developing Vaavu. Bodumohoraa as a tourist resort should be signed within 7 (seven) days from the date of 16 February 2017â€ was given in contravention to No. 01/J-L-SC/2017, the Supreme Courtâ€™s decision on Application for Appeal. Examining the case submitted by the Attorney General requesting action on the matter, it is clear that the State had submitted a case to the Supreme CourtÂ under Article 13 of Act No. 4/91 (the Contract Law) to nullify the joint venture agreement signed between Government of Maldives and Marine Technology Maldives Pvt. Ltd on 14 January 2014, and the Supreme Court had in its decision on appeal application No. 01/J-SC/2017 ruled that the lease agreement between the Government of Maldives and Marine Technology Maldives Pvt. Ltd on the lease of Vaavu. Bodumohoraa is non-binding, and in the absence of any legality which requires the Government of Maldives to enter into such an agreement and when the Supreme Court in its ruling No. 01/L-J-SC/2017 submission for appeal had decided that in accordance with Act No. 2/99 (The Tourism Act of the Maldives) and other relevant laws, regulations and procedures, entering into contract with Marine Technology Maldives Pvt. Ltd on the lease of Vaavu. Bodumohoraa is at the discretion of the Government, that the Civil Court has in contravention to the Supreme Courtâ€™s ruling, adjudicated the matter in Case No. 707/Cv-C/2017 and the subsequent ruling issued by Judge Mariyam Waheed of the Civil Court declaring that the Government of Maldives was under obligation to enter into lease agreement of Vaavu. Bodumohoraa with Marine Technology Maldives Pvt. Ltd was in direct contravention of Article 145 and 143 (d) of the Constitution and Article 30 of Act No. 13/2010 (Judgesâ€™ Act of the Maldives), and Article 20 (a) and (b) of Act Nol 22/2010 (The Judicature Act of the Maldives) and other rules and procedures pertaining to trial proceedings and the Code of Conduct of Judges.
The Supreme Court thus decided that the Civil Courtâ€™s Judge Mariyam Waheed has lost the legitimacy and capacity to preside as a judge in trial proceedings of the courts and communicated the decision to state authorities with reference toÂ violations of Articles 141 (b), 143, 144, 145 (c) of the Constitution and Article 20 and 22 (a) of Act No. 22/2010 (the Judicature Act of the Maldives) and Article 86 of the Supreme Court Regulation and the Rules and Procedures pertaining to trial proceedings and the Judges Code of Conduct.