The Supreme Court today ruled that a case cannot be heard 10 years after it was filed, in relation to the motion filed to quash an earlier provision in the Parties Act that allows political parties with fewer than 10,000 members to be dissolved.
When the Political Parties Act came into force in 2013, there was a provision that parties with fewer than 10,000 members could be dissolved. The then Attorney General and the current CEO of the National Drug Agency, Imad Solih, filed a constitutional case in the Supreme Court to quash the provision.
In 2013, the Supreme Court quashed the provision of the Act in a case filed by the Attorney General. However, the court has not yet decided on Imad's case.
Chief Justice Ahmed Muthasim, who presided over the bench, said the Supreme Court should hear cases involving the public interest of Maldives or issues between two powers of the state. Other constitutional cases should be referred to the High Court, he said.
The Chief Justice said the Supreme Court's acceptance of the case at the time did not indicate the basis on which the case was raised. It is not believed that the Supreme Court will hear a constitutional case in its initial proceeding, he said.
Therefore, a unanimous bench of five judges, including the Chief Justice, ruled that the case could not be heard by the Supreme Court during the initial phase.
Apart from the Chief Justice, the bench comprised Justice Azmiralda Zahir, Justice Aisha Shujoon, Justice Mahaz Ali Zahir and Justice Ali Rasheed.