Supreme Court rules Hulhumale

The Supreme Court has ruled that the Hulhumale’ Court is a legitimate court.

This decision was made by the four Judge majority of the Supreme Court Judges bench. The Judges who did not agree were Chief Justice Ahmed Faiz, Abdullah Areef and Mu’uthasim Adnan.

The ruling states that even though Hulhumale’ is included in the administrative division of Male’, Hulhumale’ is a separate inhabited island included in the Male’ judicial sector, where no branch of the Male’ superior courts have been established in accordance with the Judicature Act, thus, the Hulhumale’ Court is a legitimate court.

The four Supreme Judges who supported this ruling were Abdullah Saeed, Ali Hameed Mohamed, Adam Mohamed Abdullah and Dr Ahmed Abdullah Didi.

Chief Justice Ahmed Faiz, Abdullah Areef and Mu’uthasim Adnan, whose opinion on the matter differed, had highlighted one major point. They said that according to article 63 of the Judicature Act, a Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts and all islands where a branch of these four superior courts are established; thus, as Hulhumale’ is included in the administrative division of Male’, Hulhumale’ Court is not a legitimate court.

Mu’uthasim had also noted that the Judicial Service Commission (JSC) does not have to authority to appoint the Judges bench which would preside over the case pertaining to the unconstitutional arrest of Chief Judge of Criminal Court Abdullah Mohamed.

He had stressed that only the Supreme Court can decide the Judges bench that would preside over cases filed to the Supreme Court.