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Political appointees cannot advocate against State: High Court

Representatives from the Attorney General's Office stated that advocating against the state while holding a political position conflicts with the government's interests and added that state appointees should prioritize state interests.

01 November 2024, MVT 10:22
Lawyers oath taking ceremony
01 November 2024, MVT 10:22

High Court has ruled that individuals holding political positions appointed by the President cannot advocate against the state.

The ruling came in the case of Deputy Minister of Climate Change, Environment, and Energy, Mohamed Rageeb Ahmed who represented a person accused of sexually assaulting a minor while in a position of trust.

Prosecutors argued that it was inappropriate for a state deputy minister to advocate against the state, citing a conflict of interest. During the hearing, High Court judges asked representatives of Attorney General's Office on the government’s stance regarding conflicts of interest in such cases.

In response, a representative from the Attorney General's Office stated that advocating against the state while holding a political position conflicts with the government's interests and added that state appointees should prioritize state interests.

When given a chance to respond, Rageeb said that his political position did not conflict with his right to defend his clients in court. However, the three judge panel of the High Court ruled unanimously that he could not represent clients against the state while holding his current position.

Rageeb previously served as Chief Magistrate of Kaafu atoll Judicial Constituency. He resigned in 2019 following a Judicial Service Commission (JSC) recommendation for his removal over a code of conduct violation and later joined the legal team of Progressive Party of Maldives.

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