'President has admitted that SoE was declared not out of necessity, but to arrest the justices', says ex-deputy PG

Former deputy Prosecutor General, Hussain Shameem has said that President Abdulla Yameen has admitted that the arrests of the two Supreme Court justices are ‘unconstitutional’.

He made the claim at a panel discussion held on Wednesday night, where he highlighted the President’s recent remarks over the 45-day state of emergency. He noted that President Yameen had, at the launching ceremony of ‘Ravvehi Tharaqqee’ on Wednesday, stated that the state of emergency was declared not out of necessity, but in order to resolve the various legal issues that were arising due to conflicting laws.

“The necessities for the state of emergency in the Maldives did not arise for the same reasons as other nations. We were forced to declare the state to resolve the issues due to conflicting laws constricting us. It was no done out of any other necessity”, the President had said.

Speaking on the matter, the former deputy PG said that while the Constitution clearly states how a sitting judge can be arrested, that ‘the President’s remarks prove that the emergency state was declared for the sole purpose of arresting the justices’, as he was unable to do so without declaring a state of emergency.

“[President] Yameen is saying that the state of emergency was not declared out of necessity, but to arrest the justices. This cannot be done. Hence, the justices were arrested unlawfuly,” said Shameem, highlighting that everything that has followed since- their remands, charges and trials- are unlawful as well.

He further noted that a Supreme Court justice cannot be presented to a lower court for to determine their remand.

Chief Justice Abdulla Saeed and Justice Ali Hameed have been in police custody since they were arrested after the state of emergency was declared on 5th February. The Criminal Court had ordered to keep them in remand until the trial into the terrorism charges against them conclude.