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Top Court nullifies state action against stay order on Judge Didi's suspension

Mariyam Malsa
17 June 2019, MVT 15:45
A meeting of the Parliament's Judiciary Committee. PHOTO: NISHAN ALI/ MIHAARU
Mariyam Malsa
17 June 2019, MVT 15:45

Supreme Court, on Monday, issued an order nullifying any and all action taken by the government in contravention with the court's stay order on the suspension of Judge Abdulla Didi.

According to the Supreme court, the suspension order issued by the Judicial Service Commission (JSC) violated regulations and can be considered contempt of court.

Therefore, the apex court declared that any decision, procedure or action based on the suspension would be considered void and without legal basis whether initiated by JSC, the Parliament or other government institutions.

The Supreme Court's order asserted that JSC did not have the constitutional right to make decisions on the legitimacy of its rulings. Additionally, the Supreme Court stated that all government institutions were mandated to follow these rulings

JSC suspended of Judge Abdulla Didi on June 12 concerning an ongoing police investigation, which was also reported by Parliament Speaker Mohamed Nasheed.

In response, the top court issued a stay order prohibiting JSC and relevant government institutions from taking further action. The stay order was issued after Judge Didi submitted a request to nullify JSC's suspension to the Supreme Court. Judge Didi continues to serve in his position.

JSC refused to accept the Supreme Court's stay order and asserted that the suspension was effective immediately. The Supreme Court has denounced JSC's rejection of its stay order as unconstitutional.

The Parliament's Judiciary Committee concluded that the suspension was legitimate and forwarded the case to the parliament on Sunday night.

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