Supreme Court can decide legitimacy of Hulhumale

Kulhudhuffushi-dhekunu MP Mohamed Nasheed has said that it is within the jurisdiction of the Supreme Court to look into the case filed by the Judicial Service Commission (JSC), questioning the legitimacy of the Hulhumale’ Court.

Nasheed said on his blog, www.mnasheed.com, that this issue is within Supreme Court’s jurisdiction as stipulated in article 11 of the Judicature Act.

Nasheed said that article 11 of the Judicature Act stipulates that the Supreme Court has the jurisdiction to adjudicate on constitutional issues with legal reasons which may send the country into a constitutional void, or remove it from the constitutional framework.

Nasheed said that questions raised about the legitimacy of a Court is a fundamental issue which must be resolved as soon as possible.

He stressed the importance of ensuring that similar issues are not challenged in the future.

Nasheed said that the doubt surrounding the fundamental issue of the legitimacy of the Court’s existence is more of a substantive issue, than a procedural one.

Thus due to the type of the case on procedural points filed to High Court, the High Court might decide to look into the case as a substantive issue. However, the High Court’s decision on this matter can be challenged, and the opportunity would exist to file the case to Supreme Court.

Thus, according to Nasheed, a High Court ruling on the legitimacy of Hulhumale’ Court would not act as the final ruling on the matter.

Nasheed said that the issue at hand is not about the illegal proceedings of a Court; rather, it is about the legitimacy of the mere existence of a Court. Thus, the best institution to make a decision on this matter would be the Supreme Court.

Nasheed said that all three main parties involved in the case on the legitimacy of the Hulhumale’ Court - namely JSC, former President Nasheed, and a group of lawyers - have the opportunity to intervene at the Supreme Court proceedings.

JSC has filed a case to Supreme Court to determine the legitimacy of the Hulhumale’ Court, as well as a case on the order by Supreme Court to halt trials at Civil Court for a case filed by a group of lawyers some years ago.