Supreme Court accepts case against anti-defection law and Judges Act amendment
The government is attempting to use the anti-defection act to remove 12 opposition MPs and use the judges act to dismiss two jailed Supreme Court justices
Members of the joint opposition
Supreme Court has accepted the Joint Opposition’s cases to nullify the recently ratified anti-defection law and amendment to the Judges Act.
The government has been accused of attempting to use the anti-defection law to remove 12 opposition MPs and use the Judges Act to dismiss two jailed Supreme Court justices, who were jailed on February 5 for allegedly plotting to overthrow the government.
Hearings on the cases have been scheduled for Sunday.
The cases were filed by opposition Maldivian Democratic Party (MDP)’s PG leader Ibrahim Solih, Jumhoree Party (JP)’s PG leader Ali Hussain, and Adhaalath Party (AP)’s PG member Anara Naeem.
Speaking at a press conference after filing the cases, Solih said that laws passed with less than half of the 85-seat house, cannot be accepted. He said this especially applies to laws that are in conflict with the Constitution and existing statutes. He also said that the anti-defection act undermines the political parties act and the amendment to the law on judges violates Article 154 of the Constitution.
Ali Hussein said that obstruction to Article 154 – which deals with the independence of judges – obstructs the democratic principle of separating powers. Article 156 states that a Judge shall not be removed from office during good behavior and compliance with judicial ethics, with its second clause stating that judges may only be removed for incompetence and misconduct.
While the anti-defection act will come into effect from July 2017 onwards, Anara Naeem said that no law must affect a date before its passing.
The anti-defection bill was proposed by the ruling party’s parliamentary group leader Ahmed Nihan last week. The bill stipulates that lawmakers who are found to have floor-crossed since 13th July last year will potentially be unseated.
The amendment to the Judges Act was proposed by MP Abdul Raheem Abdulla, the deputy leader of the ruling party and a strong supporter of the government. The amendment will disqualify judges convicted of a criminal offense.
