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Parliament declares Supreme Court order unconstitutional

Mariyam Malsa
18 June 2019, MVT 18:28
A parliament sitting in progress. PHOTO: HUSSAIN WAHEED/ MIHAARU
Mariyam Malsa
18 June 2019, MVT 18:28

The Parliament on Tuesday declared the unconstitutionality of the order issued by the Supreme Court on June 17 nullifying any action in contravention of its stay order on the suspension of Judge Didi.

The parliament's Judiciary Committee determined that the Judicial Service Commission (JSC)'s suspension had legal backing and submitted a report regarding the matter to the parliament floor.

The report was unanimously passed by 64 parliamentarians in attendance following an amendment submitted by Henveiru West MP Hassan Latheef.

The amendment, which concluded that the apex court's order was issued in clear violation of the constitution, was backed by Maafannu North MP Imthiyaz Fahmy.

Additionally, the amendment called on the Supreme Court to refrain from any action that violated the constitution or encroached on the parliament's authority or constitutional mandate.

JSC ordered the suspension of Judge Abdulla Didi on June 12 citing an ongoing police investigation. However, the Supreme Court issued a stay order on the suspension the following day. JSC has officially refused to accept the stay order and maintained that Judge Didi's suspension remained in effect.

In response, the Supreme Court issued an order nullifying any and all action in contravention to the stay order.

The order also asserted the Supreme Court's position as the highest judiciary authority and stated that JSC did not possess the legal right to make decisions on the legitimacy of court rulings. Judge Didi continues to serve in his position.

The Top Court also denounced JSC's refusal to accept its stay order as an act against the constitution, asserting that all state institutions and organizations had to obey the court's decisions.

The Judiciary Committee's report stated that the Parliament should officially declare the legitimacy of JSC's actions and call on the Supreme Court not to interfere in independent institutions' mandates.