Former parliamentarian Ali Hussain has filed for an injunction to suspend the controversial anti-defection clauses written into the Constitution in November last year, as the Supreme Court hears a petition that he lodged with the court challenging the amendment.
The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.
Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.
Ali Hussain’s lawyer, Mahfooz Saeed told Sun on Tuesday morning that they have filed for an injunction to suspend the enforcement of the anti-defection clauses until the Supreme Court reaches a verdict.
They have also asked the court to expedite the case.
Ali Hussain’s case is a novel one – marking the first time for a petition to be lodged with the Supreme Court seeking to annul an amendment to the Constitution.
The case is being heard a full bench led by Chief Justice Ahmed Muthasim Adnan, and joined by Justice Dr. Azmiralda Zahir, Justice Aisha Shujoon Mohamed, Justice Mahaz Ali Zahir, Justice Husnu Al-Suood, Justice Ali Rasheed Hussain, and Justice Dr. Mohamed Ibrahim.
Hearings in the case began on February 17 – nearly three months after the case was filed.The state filed a motion to have the case tossed out, arguing that the Supreme Court does not have the jurisdiction to hear it. But the bench decided on February 18 to proceed with the case, and gave the state 10 days to build their case.
Amid this court case, the ruling People’s National Congress (PNC) submitted new legislature to the Parliament on Sunday, seeking to reduce the Supreme Court’s bench from seven to five justices.
Opposition parties, including the Maldivian Democratic Party (MDP) and the Democrats have questioned the timing of the bill, accused the government of attempting subvert judicial independence.
There are also reports of that many within the PNC are also opposed to the bill.