Court Order of the Maldives Supreme Court

Supreme Court  of the Maldives

Male,

Maldives.

No: 09/SJ-SC/2017

 

(Unofficial Translation)

Court Order of the Maldives Supreme Court

 

Procedural matters decided in Case Number 17/SC-C/2017 of the Supreme Court on 13 July 2017 on the Gregorian calendar, 19 Shawwal 1438 on the Hijree calendar include,

The stipulation in Article 11 (b) of Act Number 22/2010 (The Judicature Act of the Maldives) which stated that constitutional matters adjudicated by the Supreme Court must be decided upon by a council of 5 Judges in the minimum and in session, was established thus as the number of Judges of the Supreme Court as stated by the law was 07 and as such constitutional matters were to be decided by a quorum of an uneven number of Judges, although under the First Amendment brought to the law the number of Judges of the Supreme Court of the Maldives was revised to 05 and subsequently the quorum of an uneven number of Judges would now be 03, and adjudications which obligate the attendance of all the Judges of the Supreme Court are matters filed under Article 113 of the Constitution, and Clause 1 (a)  of the “Procedures on Instituting Judges’ Councils to Review Cases Filed at the Supreme Court and the Appointment of Presiding Judges to the Councils” which was passed by the Judges of the Supreme Court and publicized in 2013 state that with the exception of cases filed under Article 113 of the Constitution, other constitutional matters would be decided by a council of 05 Judges if the Judges of the Supreme Court so decides and pertaining to that, on 06 July 2017 the Council of Judges of the  Supreme Court decided to admit Case Number 17/SC-C/2017 and adjudicate the case by a council of 03 Judges of the Supreme Court;

While it is expressly clear that the ruling does not allow retrospective application or implementation, on any of the three circumstances stated in Case Number 17/SC-C/2017 of the Supreme Court of the Maldives or an action taken or to be taken with respect to a procedure or a matter relating to the circumstances, if such a circumstance or procedure existed before the date of the ruling;

That in the ruling on Case Number 17/SC-C/2017 of the Supreme Court, it is clear that no exceptions have been given to compliance with the due process of law established in Act Number 4/2013 (The Political Parties Act) or the Articles of Association of a political party or in any other law or regulation when removing a member of the People’s Majlis from a political party;

That while Article 145 (c) of the Constitution states that the Supreme Court is the final authority on the interpretation of the Constitution, the law or any other matter decided by a court of law, and while there are no grounds whether jurisdictional or procedural to dispute or challenge  the decisions of the case;

And when it is clear from the Constitution of the Maldives that the judicial power is vested in the courts of the Maldives and Article 141 (c) of the Constitution of the Maldives states that no officials performing public functions or any other persons shall interfere with or influence the functions of the courts and the Judges, and despite repeated orders urging all to conduct themselves within the peripheries of the law and the regulations and to refrain from all acts which would unconstitutionally influence the decisions of the courts, it is noted that statements influencing and distorting court decisions are being issued and published by the media, and for the reason that  such acts are prohibited by law, the Supreme Court of the Maldives pertaining to its authority as the guardian of the Constitution and the laws of the Maldives, urge the people not to commit such acts and hereby declares under the laws and the Regulation Protecting the Eminence of the Courts, that action shall be taken, without any exception, against those who commit such acts.

22 Shawwaal 1438

16 July 2017

 

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