ACC cannot order Police to delay promotions: Attorney General's Office

In the case regarding the Anti-Corruption Commission (ACC) ordering the Maldives Police Service to hold off on promoting its officers last year, the Attorney General's Office (AG Office) told the High Court today that the ACC does not have the authority to issue such an order.

The case was filed with the Civil Court by ACC after Maldives Police Service refused to comply with its order issued in October last year. While the Commission sought a temporary stay order, Civil Court ruled in January that it would not be possible.

Following this, ACC appealed the case in High Court. During the hearing of the case, Attorney General's Office said that ACC, according to the Anti Corruption Commission Act, does not have the authority to order another agency to not implement or delay activities. AG Office further highlighted that this has also been previously been determined by the Supreme Court, meaning that ACC does not have such powers at this time.

The state also went to point out to the court that the promotions were already issued by the time ACC submitted the case to the Civil Court. As such, it is unclear what an interim order would achieve at this point, AG Office said. However, if such an order is issued, it would most impact police officer and the government, with the rights of many violated, they said.

Based on this, the state requested to maintain Civil Court's ruling on the matter.

ACC's lawyers said that ACC has the legal authority to stop any activities which may lead to corruption, and detailed that the order to delay issuing promotions was in connection to an investigation by the Commission.

The lawyers stated that while the Commission holds authority over all matters related to corruption, government agencies cannot refuse to comply with its orders. They also added that the ACC issues specific orders when necessary, after considering all aspects.

As such, they requested a temporary order to prevent the implementation of the promotions.

After hearing both sides, the court announced that another hearing would be held in the case.

The matter is being reviewed by High Court judges Abdulla Shaneez, Mohamed Faisal and Mohamed Saleem, with Judge Shaneez presiding over the case.