The Courts of Maldives- Civil, High to Supreme!

Maldives has Magistrate Courts, Civil Courts, Criminal Court, High Court and the Supreme Court at the top; in its judicial structure. In the basic functioning, the High Court and Supreme Court are the highest appeal courts in that order. The Supreme Court is also the highest body that can "translate or define" what the constitution of Maldives reads. The Judicial Service commission is the independent body assigned with the important task of asserting that the Judges of our judicial system are of the highest behaviour and follow the laws they preach upon the defendants in courts. The Commission is comprised of Judges, Members of Parliament and Member of the Civil Service, a member appointed by the President and a Member appointed by the Public. The lines in this picture are so intertwined, hazy and unclear that these entities themselves do not understand where it begins and ends. 

We saw the biggest obstacles with the Court systems during the 3 years of President Nasheed. For what ever reason it was that he "padlocked" the Supreme Court; the decisions by the court itself is highly dubious. Then Nasheed "detained" the Criminal Court Judge Abdullah Mohammed and some believe, lead to Nasheed's downfall as well. The significance of Judge Abdullah is once more at an interesting intersection. The current Coalition Government backed Judge Abdullah when Nasheed detained him and now the current Government faces trouble from him as well. Before we get to this interesting area, let us look at what the Supreme Court did within the past year. 

The Supreme Court single handedly ruled over the parliament establishing that it can read the Constitution as it pleases. The Court also decided to delay the Presidential election (against the constitutional mandated dates) and also assigned special guidelines for the Elections Commission to follow. The public is now confused as to who is authoritative over whom; there was no clear decision. The Courts are still out on that!

Then now once more the Criminal Court (with Judge Abdullah) refuses to abide by the Directives of the High Court. Well with the example set by the Supreme Court in not following the Will of the Parliament, a precedence can be said to have formed. 

Then there was the Sex Scandal of the Supreme Court Judge Ali Hameed. The video of him having sexual relations with "prostitute" is being distributed in the public domain. The Judicial Service commission is yet to take any measures on the matter. Or and by the way, the commission is also investigating conduct by Judge Abdullah as well for another matter all on its own.

The Justice Ministry is busy trying to find ways to implement the death penalty while the status of our courts are highly questionable. 

Of course, we cannot forget the matter of the Minimal Criterion for a Judge (grade 7 standard if my facts are not wrong) and the exuberant salaries for life, insurance schemes and other privileges. The allowing of well known Criminals (including Murderers, like Shahum who was let out to the public by Judge Abdullah simply in his words "to show as an example" for something that no one is sure of; later to murder another person) to be free on the streets and travel to Sri Lanka for medical reasons, paid for by the state; has become common practice. Also let us not forget, Aishath Velezinee (the ex-member appointed by president Nasheed to the Judicial Service Commission) and how she single handedly protested at the Judges Swearing in ceremony ;she claimed that they were not following the Constitution and that all current Judges are not properly Sworn in! 

So, as the Public, what do we do?