Attorney General Ibrahim Riffath states his office plans on making legislative changes necessary to dissolve the Hulhumale’ Magistrate Court.
His comments come after the Judicial Service Commission initiated efforts to dissolve the court – which it said was established unlawfully.
Riffath said the Hulhumale’ Magistrate Court was established to serve a political purpose, and that something the law does not recognize cannot be done in accordance with the law.
“The unlawful decision was upheld via the 31/S-CS/2012 order. Something that isn’t in the law cannot be done in accordance with the law! Law will be amended to correct this major legal contradiction, this blatant injustice,” said Riffath, in a tweet on Sunday afternoon.
JSC said on Sunday morning that the commission made the decision to initiate the dissolution of Hulhumale’ Magistrate Court on October 4, 2021.
JSC said that one of the things the commission noticed during its work was that while the Supreme Court had previously made a decision regarding the legitimacy of the establishment of the Hulhumale’ Magistrate Court, the decision had been based on unlawful and incorrect factors.
JSC said that it had therefore asked the Supreme Court to review its decision.
Judicature Act states that Male’ will have superior courts, while islands outside Male’ will have magistrate courts.
The Constitution establishes that Hulhumale’ and Vilimale’ are districts of Male’, and aren’t two administrative islands.
JSC said that having a magistrate court in a district of Male’ therefore violates the law.
JSC said that though the Supreme Court had rejected its request to review its decision, the commission would continue to engage in efforts to dissolve the Hulhumale’ Magistrate Court.
Hulhumale’ Magistrate Court was established in 2012. Some of the most high-profile cases the court heard includes the terrorism case against former President Mohamed Nasheed. However, the case was later transferred to Criminal Court.