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Police bar entry of 10 out of 12 disqualified parlimentarians

Shaina Abdulla
01 August 2018, MVT 16:01
OPPOSITION 12 MEMBERS PARLAIMENT
Shaina Abdulla
01 August 2018, MVT 16:01

Maldives Police Service, on Wednesday, barred the entry of 10 unseated lawmakers to the parliament.

The 10 out of 12 lawmakers disqualified by the Elections Commission (EC) attempted to attend the parliament sitting held on Wednesday, claiming that the Supreme Court’s recent verdict clearly reinstates the disqualified lawmakers.

In their efforts to attend the parliamentary sitting, the lawmakers had shown their parliamentary membership card to the police.

Police, however, closed off the parliament entrance around 09:00 a.m. and again tightened security around the premises of the parliament at 12:30 p.m. in order to bar the lawmakers from entry.

Disqualified MP’s had earlier attempted to enter the parliament and were barred entry by the authorities repeatedly.

The Supreme Court, last week, overturned the order issued on February 1 to reinstate all unseated legislators.

The landmark ruling of February 1, which had infamously ordered the release of nine high-profile political prisoners, had also declared that no lawmakers had been ousted from the parliament.

While the verdict did not specify, it came after 12 MPs had been declared unseated over floor-crossing last year. The top court ruling had also conditioned to allow any MPs that were declared unseated, to be allowed back in parliament sittings.

The February 1 verdict had been issued unanimously by all five justices on the top court bench, including the then Chief Justice Abdulla Saeed and then Judge Ali Hameed. However, the government on February 5 had declared a state of emergency and arrested Saeed and Hameed under accusations of conspiring to overthrow the government by manipulating the top court's verdict. Subsequently, the remaining three judges of the Supreme Court had withdrawn the order to free political prisoners, but till date had not annulled the section calling to reinstate disqualified parliamentarians.

However, the new verdict overturning the order to reinstate the MPs, was issued unanimously by the new Chief Justice Dr. Ahmed Abdulla, recently appointed Judge Abdulla Didi, and the other three top court judges Abdulla Areef, Adam Mohamed and Abdul Ghani.

The verdict stated that the section of the February 1st ruling on reinstating the legislators, did not have a "legitimate basis".

In the wake of February 1st, the state had soon filed at the Supreme Court to annul the order to restore the seats of disqualified MPs. The state had deemed the order unconstitutional, and proclaimed that the landmark ruling had been manipulated by the then Chief Justice Saeed and then Judge Hameed, who had had ulterior motives and deceived the rest of the top court bench.

The recent verdict further elaborated that the apex court had initially ruled on July 13, 2017 that floor-crossing lawmakers would lose their seats on the parliament. However, the initial ruling had also conditioned the parliament to approve an Anti-Defection Act, which had not been compiled even six months on.

The following ruling on February 1st had stated that it was ordering to reinstate all unseated MPs over the failure to implement an Anti-Defection Act. However, the parliament had passed the Act soon after the February 1 verdict, and the Supreme Court had ruled that the new legislation was legitimate. The court had asserted at the time that the Anti-Defection law was necessary to strengthen the multi-party system in Maldives.

In the new verdict on Wednesday, the court again stressed the importance of the Anti-Defection Act, stating that it was imperative to the Maldives.

However, the Supreme Court also highlighted that the 12 ousted MPs had filed separate cases at the court regarding their disqualifications. Chief Justice Abdulla Didi stated that they were "constitutional issues", and that the top court must look into the separate cases and issue a final verdict.

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