Supreme Court has dismissed the decisions of the High Court Judges bench in the case of the border control system establishment issue filed by the Anti Corruption Commission (ACC) against the Immigration Department as the bench had been reconstituted to continue the case. Supreme Court ‘Mandamus order’ stated that the civil court order which stated that the ACC cannot order to stop the border control system project was to be appealed with a judges’ bench appointed by the Chief Judge on April 12, 2012. The judges’ bench had been revised later on May 3, 2012 and its Chief Judge Ahmed Shareef was dismissed from the bench. It also stated that the procedure was not followed as stated in the judicature act of the Maldives. Hence the Supreme Court ordered the High Court to dismiss the decisions made after it had reconstituted the bench and to proceed with the case after reassessment.
The Supreme Court order stated that the responsibilities assigned to the Chief Judge of the High Court under any other Law, the responsibilities of the Chief Judge of the High Court include constituting the panel of High Court Judges to oversee cases and decide on the judges to preside over these proceedings according to 30(a) of the judicature act of the Maldives. The Supreme Court stated that the High Court Chief Judge was not present in the island while another Judge who had been left in charge had taken his place and had reconstituted the bench. It is known that Judge Yusuf Hussain had been left in charge of the court at the time.
Supreme Court stated that dismissing Judges legally elected through its procedure from a Judges’ bench without plausible cause or upon legal terms and without prior notice is a violation of the judicature act of the Maldives.
“(Supreme Court) orders the High Court trial (number) to be revised and the trials and decisions made by the Judges’ bench appointed on April 12, 2012, after the reconstitution of the Judges’ bench on May 3, 2012, to be dismissed†it stated.
The court had conducted about four hearings after its reconstitution. The reconstituted bench had also kept the Deputy Solicitor General Ahmed Usham from representing the state as he was a member of the tender evaluation board of the border control system.
Tweet Bookmark Print Badge the Comments! Give badges to the best comments you see! You will get four badges a day 0 Comments To have full access to the interactive features available in Haveeru Online please register or sign in. or Post a Comment Loading comments... Please wait
No comments:
Post a Comment