Supreme Court adjourns appeal over potential conflict

Supreme Court has adjourned a hearing on the state’s appeal against a High Court order halting the payment of MVR 32 million to Center Enterprises, after it emerged that a member of the bench had been involved in issuing the original ruling.

In May, High Court suspended the Civil Court’s order requiring the state to pay Center Enterprises for goods worth MVR 32.7m supplied between 2006 and 2008. The stay was issued by judges Hassan Shafeeu, Mohamed Saleem and Mohamed Shaneez.

Judge Saleem has since been appointed to the Supreme Court. He sat on the bench hearing the state’s appeal alongside judges Aisha Shujoon and Ali Rasheed.

During the hearing, judge Saleem interrupted the prosecution and conferred with judge Shujoon. He later told the court he wished to raise a procedural issue; that a presiding judge had participated in issuing the appealed High Court order. The bench then adjourned the proceedings to consider the matter.

The state had appealed Civil Court decision at the High Court and sought a stay on the payment while that appeal was pending. The High Court subsequently ordered the Civil Court not to release the funds until the appeal was concluded.

The latest hearing follows an Auditor General’s Office report that found Center Enterprises had submitted a falsified invoice to the Civil Court.

Police are now investigating the claim.