High Court of the Maldives has expressed concern over the challenges posed by the existence of a separate magistrate court in Hulhumale', which hampers the administration of justice in Male' City.
High Court of the Maldives has expressed concern over the challenges posed by the existence of a separate magistrate court in Hulhumale', which hampers the administration of justice in Male' City.
The court noted that, according to the Courts Act, no magistrate court should exist on an island alongside superior courts, like those in Male'. However, a 2012 ruling by the Supreme Court deemed Hulhumale' Magistrate Court valid.
Recently, the Criminal Court raised the issue regarding its jurisdiction when it sought to transfer trials to Hulhumale' due to space constraints, particularly after a remand order was issued in a car and motorcycle collision case in Hulhumale'.
Criminal Court questioned whether Hulhumale' Magistrate Court had jurisdiction over criminal cases.
In its ruling, the High Court said that the Criminal Court’s jurisdiction over Hulhumale' remains unaffected.
However, the existence of a separate magistrate court in Hulhumale' despite the proximity of all superior courts in Male' has caused administrative difficulties.
The judgment, delivered by Judge Abdul Maaniu Hussain and supported by Judge Fathimath Faruheeza, said that the unresolved status of the Hulhumale' Magistrate's Court has become a longstanding issue, undermining the administration of justice for over a year and a half.
The court stated that it is concerning that no solution has been found.
While the majority of the bench ruled that there was no need to change the previous decision of Hulhumale' Court and its jurisdiction remains valid, Judge Hassan Shafiu dissented, raising concerns that the lower court's reasoning was unclear from the order issued.
Despite this, the High Court maintained the status of Hulhumale' Court based on the Supreme Court’s prior ruling.
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