Debt cleared by Sinan on day case was filed in Supreme Court

North Hithadhoo MP Ahmed Sinan repaid his debt on the same day that the case seeking to confirm his dismissal from parliament was filed at the Supreme Court, his lawyers said in court today.

The case was submitted by Qalib Saleem, claiming that MP Sinan has lost his seat due to his failure to repay a loan from the Maldives Islamic Bank as per a court ruling.

Hearings in the case commenced today, where the Qalib's lawyers said that Maldives Islamic Bank had filed a case at the Hithadhoo Magistrate Court because Sinan had failed to pay back a loan of MVR 2.5 million that he, along with a number of other individuals, had taken from the bank.

The court ruled in absentia in October last year that Sinan must repay the amount within six months. The ruling further said that each month, Sinan must pay no less than the month's installment to the bank. However, Sinan failed to comply with this ruling, and the bank filed an enforcement case in December last year.

While this case remained at court, Qalib submitted a case to Supreme Court on February 13 seeking a ruling that Sinan has lost his parliamentary seat. On the same day, Sinan repaid his debt in full. Hence, the Magistrate Court decided in March to not proceed with the enforcement case.

Qalib's lawyer Ibrahim Shiyam said that while the ruling stipulated a specific amount to be paid monthly over six months, it is clear that Sinan did not comply with this. He pointed out that Article 73(c.1) of the Constitution states that a Member of the People's Majlis will be immediately disqualified if he has a decreed debt which is not being paid as provided in the judgement.

Based on this, the lawyer appealed for the court to find that Sinan has lost his parliamentary seat.

Sinan's lawyer Moosa Alim responded that Sinan was not aware that the magistrate court had passed a ruling on him. He further said that the lawyer Sinan had appointed for the case had recused himself without notification. Alim said that Sinan had only become aware of the ruling along with the public, when the enforcement case had been filed in court.

However, Alim said that he is unable to state an exact date when Sinan had become aware of the ruling, but believes that it was in the month of January. The court asked to confirm the date.

Alim said that once Sinan became aware of the ruling, he had made financial arrangements and repaid the loan on his own volition. He noted that the enforcement case has now been cancelled at the magistrate court.

Alim further pointed out that Sinan had repaid his debt before the sixth month deadline set in the ruling had been reached.

As Sinan had repaid the debt within the deadline set in the ruling, it cannot be interpreted that he had acted against the Constitution, the lawyer said. As the court's ruling had not reached the deadline, there was no decreed debt against Sinan, the lawyer claimed.

Qalib's lawyer Ali Hussain said that it is not an option to not comply with a ruling made in absentia. He stated that about four months had passed without any payment when the debt had been repaid in full on the day the case was lodged at the Supreme Court. He said that for about three months, he had failed to pay as instructed in the ruling.

Hence, there is no basis to claim Sinan had complied with the court's ruling, Hussain said. He maintained that this was a violation of the Constitution, and Sinan would have lost his seat.

Ali Hussain said that there is no room for alternative interpretation as the Constitution clearly states that failure to pay a decreed debt would result in loss of seat.

Hearings in the case were concluded today. Unless the court wants to clarify additional factors, the verdict will be announced at the next hearing.

The case is being heard by Judge Aisha Shujune Mohamed, Judge Ali Rasheed Hussain, Judge Dr Mohamed Ibrahim, Judge Hussain Shaheed and Judge Mohamed Saleem, with Judge Shujoon presiding.