Parliament rejects motion against ex-President's arrest


| by Hussain Fiyaz Moosa

Members at a Parliament session: Parliament today rejected the emergency motion submitted against the arrest of former President Nasheed. PHOTO/ PARLIAMENT SECRETARIAT
( October 8, 2012, Male, Sri Lanka Guardian) Parliament today rejected the emergency motion submitted by Hulhu-henveiru constituency MP Moosa 'Reeko' Manik questioning the legitimacy of the Hulhumale Magistrate Court and to ignore the arrest warrant issued by the court against former President Mohamed Nasheed.

Speaker of Parliament Abdulla Shahid explained today that the motion was dismissed as the creation of the Hulhumale Court was currently being probed by the Supreme Court. According to Article 149 of the Parliament’s Rules of Procedure, an emergency motion cannot be submitted in relation to a matter ongoing in a court of law.

Opposition Maldivian Democratic Party (MDP) lawmakers had countered the decision by the Parliament to dismiss the emergency motion.

In that regard, Moosa stressed that the motion submitted by him was not presently in court as his motion involved a court that had been created illegally. Galolhu-north constituency MP Eva Abdulla echoed Moosa’s statement.

Moosa’s emergency motion detailed that according to the Courts Act, a Magistrate Court in an island would become automatically void if the four superior courts are established in the same island. He added that the constitution stipulated that Hulhumale was in the administrative jurisdiction of Male and hence the existence of the Hulhumale Magistrate Court in the Male region was a clear violation of the Courts Act.

The emergency motion also stated that any order issued by a court that has been created illegally would be illegitimate in itself. Hence, the arrest warrant issued in Nasheed’s name should be ignored. The motion submitted by Moosa also highlighted that by arresting Nasheed and treating the former President unjustly would enrage the people and result in further strife in the country.

Following the arrest warrant, Police this morning had arrested Nasheed in Gaaf Dhall Atoll Faresmathoda during his current campaign tour of the southern Atolls of the Maldives. Some MDP MPs subsequent to Nasheed’s arrest had begun protesting inside the Parliament chambers.