Local courts do not have authority to advice each other: Hisaan

Trial and higher courts within the Maldivian judicial system have neither the prerogative nor the authority to advice one another, says lawyer Hisaan Hussain.

Hisaan spoke to RaajjeTV on Tuesday night, and said that local courts have acted out of legal ambit in that they do not follow procedural points on what cases and matters they are bound to have a say in.

The prominent lawyer, who currently serves as legal director of the ruling Maldivian Democratic Party, said courts are required only to interpret the law and apply them within the scope of cases that are submitted to them.

Hisaan said that this is defined in the Constitution of the Republic of Maldives, and cases pertaining to the constitution can only be heard before the Supreme Court, under the circumstance that they are submitted by the People’s Majlis.

She said that court judges must be well acquainted with what their rights and responsibilities are, and for this reason ‘stepping beyond them’ is entirely irresponsible.

Hisaan further said that High Court branches in the northern and southern regions of the Maldives were established to speed up cases, although these courts have come to disuse.

She also responded to previous cases where presiding judges have been transferred for ‘no apparent’ reason, adding that transferring adjudicators without adequate cause is unacceptable.

The government has begun a national judicial reform agenda to address public distrust in local courts and allegations of corruption among courts officials.