The Supreme Court, on Monday, annulled three of its previously issued circulars.
These include two 2015 notices on court rulings involving a flogging (known in Islamic Sharia Law as the punishment of ‘Hadd’) or the death penalty, which state that should there be no appeal filed the case must be registered at both the High Court and the Supreme Court, in order to uphold the ruling.
The other is a 2016 circular concerning constitutional disputes, specifying that should a relevant law or regulation be annulled by the High Court, the validity of said decision must be upheld by registering at the Supreme Court.
Recently, prior to the nullification of the above, Supreme Court overturned the former requirement to register cases that involve flogging or ‘Tazir’ (punishment under Islamic Shariah Law as being defined at the discretion of the court) penalties at the High Court and the Supreme Court, in order to uphold the validity of the ruling.
Should the individual or state not file an appeal after a court decision involving flogging or Tazir penalties, then henceforth, the decision becomes a final judgement that must be enforced by the state.
However, with regards to cases involving a death penalty ruling, the procedure remains as previously enacted, that is, the judgement must be tried at the higher courts as stipulated in the Constitution of Maldives.
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