Monday 30 September 2013

Second Court Order on 2nd round of Presidential Election

This is an accurate, direct translation (unofficial) of the Court Order of the Supreme Court of Maldives issued on September 26, 2013 in relation to the 2nd round of presidential election. 
The original, official version is available on the Supreme Court website in Dhivehi
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Supreme Court of Maldives
Male’
Maldives
Number: 2013/SC-S/06

Court Order of the Supreme Court of Maldives

As Article 141 of the Constitution of the Republic of Maldives clearly states that, only the judicial power out of the three powers of the State is the competent authority vested with the discretion and power to establish justice through adjudication and legal decisions in relation to disputes between a power from among the three powers of the State or a State institution and another party, or disputes between individuals; and as Article 145(c) of the Constitution states and stipulates that the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law; section 20(b) of the Judicature Act states, in unequivocal language,  that “a Supreme Court ruling on a matter shall be conformed to by the Executive, the Parliament, the Judiciary, those in independent posts, state institutions, those holding state positions, the police and the defence force and all the citizens”, and challenge or disobedience to a Supreme Court verdict or Order cannot be allowed within the jurisdiction of the Constitution of the Republic of Maldives;
Not to act in any manner that contravenes the Court Order number 2013/SC-VA-J/02 issued, in connection with the Supreme Court case number 2013/SC-C/42, on September 23, 2013; and order with reference to Article 144(b) of the Constitution to defer any undertakings by Elections Commission in preparation of the second round of presidential election of September 7, 2013 until the Supreme Court decides on case number 2013/SC‑C/42; and with reference to  Article 237 of the Constitution, hereby order the security forces to, in addition to Supreme Court Order number 2013/SC-VA-J/02 to execute the matters set out in this Order as stated; and to promptly stop anyone who acts in contravention of this Order in any manner.
20 Zul-Qaida 1434
26 September 2013
[signed by]
Chief Justice Ahmed Faiz Hussain
Justice Abdulla Saeed
Justice Abdulla Areef
Justice Ali Hameed Mohamed
Justice Adam Mohamed Abdulla

Justice Dr Ahmed Abdulla Didi 

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