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Page added on March 3, 2011

Supreme Court ruling does not mean Kaafu and Shaviyani Atoll office can be relocated, says AG

Supreme Court ruling does not mean Kaafu and Shaviyani Atoll office can be relocated, says AG thumbnail

Attorney General, Dr Ahmed Ali Sawad, has told Minivan News that a Supreme Court verdict overruling “contradicting” court orders issued by island courts over the relocation of some Atoll Council offices did not mean that the issue was as yet resolved.

”It [the Supreme Court decision] is a different ruling because two courts of the same level have issued two different court orders on the same issue,” said Dr Sawad. ”The real issue over the legality of the relocations still needs to be addressed within the Thulusdhoo Island Court and Shaviyani Funadhoo Island court.”

The Supreme Court of the Maldives has recently invalidated court warrants issued by the Kaafu Atoll Maafushi Island Court and Shaviyani Atoll Milandhoo Island Court that were deemed to have contradicted earlier rulings by local magistrates over the location of council offices.

This court actions occurred this week as the government come into conflict with members of Shaviyani Atoll and Kaafu Atoll councils over the decision to move their administrative offices to different locations. The government has claimed that the decisions were not within the legal powers of councilors.

The Atoll Councilors of Shaviyani Atoll moved from their Administrative Office in Milandhoo to a building in Funadhoo, which was formerly used as Atoll Office of Shaviyani Atoll. Kaafu Atoll Councilors moved from an assigned Atoll Office in Maafushi to a building in Thulusdhoo, which was also formerly used as the Atoll Office of Kaafu Atoll.

The government opposed these actions, sending police to the islands over concerns that the buildings were its own assets and needed protection.

The case was then brought in front of Funadhoo Magistrates Court, which ruled that the Administrative Office should be located in Funadhoo. This occurred two days before the Milandhoo Magistrate ruled that Administrative Office shall be in Milandhoo.

Likewise in Thulusdhoo, the island court of Thulusdhoo ruled that the Administrative Office shall be in Thulusdhoo, before the Maafushi Island Court ruled in favor of retaining the Administrative Office in Maafushi.

The Supreme Court said that after one court has ruled on a case, another legal institution of the same level had no authority to overturn that ruling. This made the later rulings invalid according to the Supreme Court.

Meanwhile, the High Court also concluded that there was no capacity for an appeal requested by the Attorney General to rule that the court order of Thulusdhoo Court.

The High Court said that there was no reason to believe that the actions of Thulushoo Court were against the law or correct procedures.

Recently Shaviyani Atoll Council’s Vice President Mohamed Arif has said the best way to solve the issue was by handing over the case to a higher court of law, ”as it is a legal issue.”

The Home Minister also told media this week that the government would let the country’s higher-level courts decide the matter.

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6 Comments on "Supreme Court ruling does not mean Kaafu and Shaviyani Atoll office can be relocated, says AG"

  1. Rolex on Thu, 3rd Mar 2011 6:45 PM 

    The next person to resign from the government will be Sawad.

  2. sham on Thu, 3rd Mar 2011 11:27 PM 

    Is swaad mentally retarted ?????????????

  3. ablo on Fri, 4th Mar 2011 9:07 AM 

    It is shame a person like Dr. Sawad is destroying his future political career by being in one of the corrupt governments the country has ever seen.

  4. susan on Fri, 4th Mar 2011 9:14 AM 

    It is clear that our AG is just following his master Anni. It is now time for Sawad to take a stand like our dep. police commissioner Rishwan.

  5. naju on Fri, 4th Mar 2011 10:01 AM 

    Here we all have to understand that any community or island would co doubt like such Admin Offices to be located at the islands they live in.

    So, the Judiciary has to say their word regarding the DISPUTE and let the Councilors start working so that we would enjoy our early days of the DEMOCRACY which we all brought to our country making necessary efforts by the majority of people who really love our country.

    So, we all request the issue related authority of the Judiciary to say their word without any further delay as we all know such issues are sensitive and of-course the power-hungry Honorable MPs of the 30 year old DICTATORSHIP is watching like a cat watching to a fresh tuna loin at a time fishing is very poor….

    May Allah Almighty save us from the bloody MPs seeking refuge of the Majlis, Ameen

  6. Aminath ( Maathoda ) on Sat, 5th Mar 2011 4:06 PM 

    We should respact Supreme Court order, in terms of esturblish indipendance low & regulation in Maldives.


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