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Prosecution seeks Supreme Court to validate constitutional amendment, apply to current Parliament

Attorney General's office has defended the amendment, requesting that the Supreme Court rule it valid and applicable to the current members of parliament.

Malika Shahid
10 March 2025, MVT 13:06
AGO lawyers enter the Supreme the Court -- Photo: Nishan Ali
Malika Shahid
10 March 2025, MVT 13:06

The prosecution has sought the Supreme Court to rule that the constitutional amendment, which mandates MPs lose their seats if they leave or are expelled from a political party, applies to the current members of parliament.

A petition was filed by former Kendhoo MP and lawyer Ali Hussain, who seeks to quash the amendment passed by Parliament last year.

Ali Hussain's lawyer, Mahfooz Saeed, argued that the amendment violates several provisions of the Constitution, including Articles 4, 5, and 8, as well as Articles 73 and 90.

The petition calls for the Supreme Court to declare the amendment invalid and to rule that it cannot be applied to current MPs.

In response, the Attorney General's office has defended the amendment, requesting that the Supreme Court rule it valid and applicable to the current members of parliament.

The prosecution also raised a procedural objection, claiming that such a case is beyond the jurisdiction of the Supreme Court. Despite this, the judges decided to continue hearing the case and requested that the parties submit their responses within 10 days.

Parliament passed an amendment to the Judicature Act, to reduce the number of Supreme Court judges from seven to five. The bill was passed in an expedited manner, despite concerns from legal experts over its legality. The amendment, however, has not yet been ratified by President Dr Mohamed Muizzu.

Following this, three Supreme Court judges including former judge Husnu Su'ood, as well as judges Dr Azmiralda Zahir and Mahaz Ali Zahir were suspended by the JSC citing disciplinary investigations against them. The three judges were suspended shortly before the Supreme Court was scheduled to hear the case related to the anti-defection amendment.

The trial of this case, which is being heard by the full bench of the Supreme Court, is currently stalled.

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