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Page added on January 26, 2012

MNDF dismiss High Court order to produce Judge Abdulla Mohamed

MNDF dismiss High Court order to produce Judge Abdulla Mohamed thumbnail

The High Court has ordered the Maldives National Defence Force (MNDF) to produce Chief Judge of the Criminal Court Abdulla Mohamed for the hearing of the case appealed by the Judicial Service Commission (JSC), following the Civil Court injunction preventing the JSC from taking action against Judge Abdulla over an ethical issue.

High Court Spokesperson Ameen Faisal told Minivan News that the High Court had ordered the MNDF to produce Judge Abdulla to the court at 4:15pm today, but said the MNDF had dismissed the order. Under the Maldivian Constitution the MNDF is answerable to the President, who serves as Commander-in-Chief.

”At 4:15pm the hearing was to be conducted but the presiding  judge decided that the case could not be conducted in the absence of Judge Abdulla and cancelled the hearing,” Ameen said.

MNDF Spokesperson Major Abdul Raheem told Minivan News that the MNDF had no comment on the matter.

The MNDF was previously ordered to produce Judge Abdulla Mohamed to dispute the legality of his detention, however the MNDF did not respond to any orders.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Lawyers of Chief Judge Abdulla Mohamed has requested the Supreme Court not to hear any case related to Judge Abdulla before the court decide on the request made by the lawyers to issue a writ to free the judge.

Former President’s Member of the JSC, Aishath Velezinee, has contended that while the government cannot keep the judge detained indefinitely without conducting an investigation, “releasing him is a threat to security.”

I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution,” she told Minivan News.

“We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers. The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.”

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17 Comments on "MNDF dismiss High Court order to produce Judge Abdulla Mohamed"

  1. End Game on Thu, 26th Jan 2012 7:53 PM 

    “MNDF defy writ of Habeas Corpus”. The appropriate heading.

  2. manik on Thu, 26th Jan 2012 9:34 PM 

    end game. Why not? Civil courts have no jurisdiction over the military. If they have any legal knowledge or sense they would not send any orders to MNDF.

  3. tsk tsk on Thu, 26th Jan 2012 9:42 PM 

    Answerable to the President does not mean above the law.

    Shame Minivan for Shame!!!!!!!

    Propping up a dictator does not mean you should forget your roots and claim any old thing on your articles.

    I am at a loss for words. Yuck! Just, blechhhh!!!!

  4. Ahmed bin Addu bin Suvadheeb on Thu, 26th Jan 2012 10:21 PM 

    Indeed, MNDF has no obligation to listen to what the Courts are “ordering”. If the Courts want answers, summon their Commander in Chief! He’s the one they can summon!

    I’ve said many times before. Parliament can sort this out tomorrow if they wanted to. If the President has broken the law, impeach him and get rid of him. After all, he’s the Commander in Chief of the armed forces.

    Dragging this through Court after Court and claims of unlawfulness here and there will just prolong the whole issue without any solution whatsoever. Actually, perhaps that’s what some people want!

  5. Ahmed bin Addu bin Suvadheeb on Thu, 26th Jan 2012 10:24 PM 

    Once again, if Nasheed is a dictator, we do have a Parliament of elected representatives who ought to sort out that little problem for us. Right?

    Just getting sick and tired of dictator this, dictator that! Where are the Parliamentarians who are pocketing Hundreds of Thousands of Rufiyaa each month? It’s their job to make the Executive answerable!

  6. manik on Thu, 26th Jan 2012 10:39 PM 

    tsk, tsk I think the MNDF is not above the law at all but a High Court Judge should know the law and this is a procedural issue and when they sent writs to any military it would be rejected.
    So in this case the MNDF is in the right and within the law.

  7. yaamyn on Thu, 26th Jan 2012 10:40 PM 

    tsk tsk,

    “Above the law”.

    This country’s judiciary is a law unto themselves.

    I disagree with the forcible detention of the “judge”. But I absolutely understand the reasons behind it.

    Question is – how do we democratically deal with having a band of thieves making the laws, and a bunch of criminals in charge of the courts of law?

    The answer ideally should be the people – but I wouldn’t bet on Maldivians do do the right thing any time soon.

  8. tsk tsk on Thu, 26th Jan 2012 10:43 PM 

    I agree with you wholeheartedly.

    Most Parliamentarians do not understand that certain duties bind them by their oath of office. All they do is vote on their party lines. However as an intelligent person, Ahmed, I am sure you would know that Parliament is actually operated by a few powerful political interests who control the rest that are mere puppets.

    Right now the Parliament majority is securely within the grasp of the ruling party. In this situation do you think that institution has any solutions for us?

    No!

    Neither does the judiciary as it lacks the power to enforce its own rulings due to the Executive’s antagonism.

    All that is left is for a popular revolution to unseat the current government and dissolve the current State so that we can start anew. In the meantime the proposal to govern this country by a national unity government comprised of suitable persons would be a great idea – although probably not feasible.

  9. Gay on Fri, 27th Jan 2012 12:03 AM 

    Well done MNDF as a citizen of Maldives, I am proud of you, I have no double there are thousands who does. Abdulla Gazee is a Menace, he is where he belongs.

    The people who are barking to release this foul judge are the once who call up this Abdulla Gazee day or night and order him to deliver the specific Judgments for the on going cases which they are party to.

    “Aimathi dhathi fulhu tho”

    “I need some cash”

    Abdulla Gazee has no way out of this rut he is in, he and few other judges are being black mailed with hidden camera video pieces in compromising position in far eastern countries.

    I know cause I have seen, sooner than later blackmailers and those who have been bribing these Gazee’s will be know.

    One more time thank you MNDF, our children and grandchildren will thank you for the stand you are taking. This was long over due, This damn President has been too bloody lenient with these Judges, blackmailer and Bribers.

    May Allah Bless MNDF, you are the chosen flock to defend and sustain our democracy by our creator.

    May Allah show the mischief makers in our country hidaayaa.

    All Praise and Thanks are to Allah.

  10. Abdulla Gazee Lover on Fri, 27th Jan 2012 12:30 AM 

    During the “Special Majlis” days the members cried and begged with those who represented the than Government who has the majority plus some funny members who are appointed by the than President Maumoon to go for a “Unity Government” or for an “Interim Government” doesn’t some of these smart ass commenter’s wonder why they didn’t go for that. Well they never thought they will be defeated in 2008.

    Problem with some of us are, we seriously do not know how to admit defeat and once you are defeated former goons wanted to move in and park their bottoms on the ruling seat by any way they could, don’t they realize they will get a chance in five years to contest an election and unseat the current rulers than. Oh no, their wife’s butts, sons, daughters and grand butts were itching too much to get back to the “Presidential Palace”

    All I can say to these one track mind people who wants to unseat the current regimes by any mean is, just simply lick your wounds and wait for another few more months.

    From the way these opposition door mats are dancing to the tune of the current President, I see him winning the next election too. I seriously don’t see any grey matter in the opposition other than the former President who has a fighting chance to win the next election, rest of the opposition are puppets on chains with newly married Masters degrees and Phd’s dancing to drill.

  11. tsk tsk on Fri, 27th Jan 2012 2:40 AM 

    Dear Abdulla Ghaazee,

    You are sadly misinformed. Please take it from someone who knows a few things here and there.

    During the time of the Constituent Assembly, several things were discussed. One was to establish a Parliamentary system with Qayyoom as the ceremonial President. That did not fly.

    Meanwhile the more militant factions within the MDP proposed a violent revolution. That did not pan out because the majority was opposed to the idea.

    A lot of things happened then but neither the opposition nor the Qayyoom regime was willing to give in to the idea of a Unity Government.

    The better part of the Constituent Assemblies debate was spent on arguing over how to limit the powers of the President in the event, which was then thought to be likely, that Qayyoom would win. Meanwhile the legal facilitation for the proper functioning of institutions was all but forgotten.

    With regards to the judiciary we all know how much damage Hassan Afeef personally did to the institution while he heavily influenced the Judicial Services Commission.

    Now let me tell you about the political scene.

    True Nasheed has Britain supporting him and by extension a lot of foreign support.

    However the opposition parties you derogate are certainly not to be taken lightly.

    DQP – Heavy finance backing them to make up for lack of grassroots support.

    JP – Good financing and a strong support base in Male and the outer atolls.

    MRM – Some of the best minds in Maldives at the helm.

    PPM – Strongest contender set to gather the most in terms of numbers.

    Adalat – Cause-based followers who the party knows to organize and mobilize.

    Nasheed is banking on the hope that his coalition with Thasmeen will pull him through. However in my opinion, DRP is fast becoming a non-entity in terms of support. Yet the technocrats and financial giants at DRPs top will certainly give Nasheed a much-needed boost.

  12. Abdulla Gazee Lover on Fri, 27th Jan 2012 11:56 AM 

    Mr. All Knowing opinion and your radars are damaged so badly you have been drifting on one side so long you wouldn’t know what is black and what is white since you have just one track of opinions.

  13. tsk tsk on Fri, 27th Jan 2012 11:54 PM 

    And pray tell how many sides you have been drifting on.

    I am biased against Nasheed and proud of that fact. My bias is supported by several reasons chief among them being what is playing out in Male right now.

    We all have our biases and you certainly wear yours on your sleeve. You just refuse to acknowledge it. A lot of activists feel they gain a lot of respect by making shoddy attempts at being ‘unbiased observers’ yet attend regular party meetings and spout propaganda like an overheated steam-engine.

  14. TO MNDF on Sat, 28th Jan 2012 4:29 AM 

    Saabahey MNDF. Nukuraathi dhoo…

  15. Nova on Sat, 28th Jan 2012 2:33 PM 

    Bound by oath to follow the directives of their Commander in Chief as stipulated in the Constitution.

    Dhen miyaa deytherey bunaane echeh neh.

    no wait.. protest !

    Protest to AMEND the CONSTITUTION ! cmon bitches

  16. Boromir on Sun, 29th Jan 2012 10:54 AM 

    One simply does not amend the constitution on a whim.

  17. Mariyam on Sun, 29th Jan 2012 3:50 PM 

    We wouldn’t be in this situation today if Maumoon had ordered Judge Abdulla to be investigated and held accountable in 2005 when Hassan Saeed informed Maumoon about the Judge’s “activities”. We also wouldn’t be in this situation today if the JSC had carried out the necessary investigations on Judge Abdulla and made him accountable for his actions, instead of listening to the orders of another Judge who was trying to save his hide! So whether Judge Abdulla was “abducted”, “kidnapped” or “snatched” from his home, its about time that he be held accountable for his actions, since no one else other than the current President has had the guts to do it! The President would be the most irresponsible and incapable president, if he were to just sit on it and wait for the very biased and politically motivated JSC to carry out the investigations against the very Judge that is protecting the interests of some of the members in the JSC. This is a failure of the JSC and the judicial system of the Country. Rather than making excuses JSC, do the right thing and come out and say exactly how much you have been protecting this loony!


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