Supreme Court declares any decision against its stay order as invalid

Supreme Court has declared any decision issued by any State institution which violates its stay order on the suspension of Supreme Court Judge Abdulla Didi as invalid.

Supreme Court made the declaration in a ruling it issued this Monday afternoon.

The ruling refers to the motion passed by Judicial Service Commission (JSC) during its emergency meeting on Thursday, June 13, which declared the stay order issued by Supreme Court as invalid based on the grounds it infringed on the jurisdiction and legal authority of JSC.

Supreme Court has declared that the JSC’s refusal to accept the stay order as both unconstitutional and illegal.

The court said JSC’s refusal to accept its stay order also violated the oath taken by members of JSC, the ethical standard for JSC members defined by the law, and that it was an act of obstruction of justice and an act of contempt of court.

“This was issued in challenge to, and in defiance of judicial and legal power of the aforementioned court order issued by the Supreme Court of Maldives,” said the Supreme Court in its ruling.

Justice Didi was placed under suspension on June 12, following a probe into a USD 1 million bribery allegation against him filed by Speaker of Parliament, President Mohamed Nasheed.

Following JSC’s decision to suspend him, Didi filed a petition with the Supreme Court citing violation of due process by JSC in making the decision. The Supreme Court issued a stay order, asking JSC and other State agencies to refrain from executing the suspension until the court issues a decision regarding the case.

Judicial Committee of the Parliament, after Didi continued to report to work despite his suspension, passed a motion last Sunday, calling for a general vote at the Parliament to endorse JSC’s decision to suspend Justice Didi.

The Supreme Court’s ruling this Monday warns that any decision either by the Parliament or any State institutions which violates its stay order will hold no legal power.

“We hereby declare and inform the Judicial Service Commission, the Parliament, and all relevant State institutions and offices that any decision based on the decision of the commission which violates the aforementioned order by the Supreme Court either by the Parliament, a committee of the Parliament, any State institution or any State office is invalid,” said the court in its ruling.