Separation of powers is a distinctive feature of the current constitution, where the power to formulate justice is subjected to impartiality of the judiciary. The constitution is reasonably unambiguous. The executive power vests to the president; his party would be the governing party but officially it’s not yet been authorized (legislated), the legislation is governed by the representatives of the citizens and judiciary is comprised of judges where they pleads to stretch justice with the notion of rule of law.
The Blue constitution stipulates that the executive power, head of judiciary, supreme authority to propagate the tenets of Islam, head of armed forces & police, appointment of the speaker to the parliament and power to appointed eight members to the parliament is vested to the president. However, it’s rather undemocratic beign heading to certain discretionary authorities. The revision of the constitution was emerged due to the above factors.
One man power; fusion of powers
The pre-election promises have been outrageous. Thousand of promises made the ruling party deteriorating to recall their promises. As a result people, media and NGOs began to criticize the government beyond illumination. However, prior to the parliamentary election president made the statement that he would be probable to fulfill the promises upon electing the most MDP members who ran for the parliamentary election. By this statement it’s clear, he is please to make the parliament as MDP shape-parliament, having the majority to disperse the opposition. Why president was required to make a counter promise while the peoples have considered him?
His promises are beyond fulfillment. His promise to eliminate the drugs is fly-by-night promise in nature. Liquor and hashis oil merely accepted as the first step, has led the society chock-a-block of crimes. However, Murder, robbery, adultery, fornication and rape is increasing tremendously. The social values are abandoned; the society is in a state of complete disorder. The Clemency Act, has released thousands of inmates free; crimes are heeding.
Who shall bear the responsibility?
Members of MDP and their allies awakened the society against the judiciary. The critics directs to the judges personally, accusing bribe, toppling the government and impartiality. In United Kingdom, parliamentarians cannot and does not comment a case, where it is before the court. And Parliamentarians also have certain immunities in court.
Let’s see judiciary, its comprised of lot of features. The judges are appointed by last regime and it’s on the transitional period where the Chief Justice is silent for whatever the reason. We knowthe supreme authority of justice was the president in the Blue constitution. So it would be easy for him to invade the biased idea of justice. Anni, the president was guilt of theft legally and morally, when he was holding the chair of Male’ in 2000. The revulsion and hate over the judiciary by the president would phrase the word: ‘they are out dated”.
A law can be morally right, but it may be on the other hand morally wrong. The judges played an intensified role ought to justice. Laws shall not be morally right when it leads to the upholding of Islamic sharia. In western jurisdictions, like the German nazi whose laws were absolutely morally wrong is regarded as laws. So laws governing factors is the legality and morality. Legality shall not be judge logically, where the commands come from the supreme authority, it shall be observed. Morality can be judged by the creed, environment, culture and the political system. Unfortunately we shall conclude that thirty years regime and the judicial system were absolutely officially permitted.
President declared that drugs, the POWERFUL one, was distributing and smuggling by six major dealers, however, police arrested a drug smuggler, where the president announced he is one of them. He never distinguishes guilt and acquit. He never aknowlege that all are innocence until guilt is proven. He’s ignorant that, prosecution shall prove the case. He never know that evidence shall be submitted to court and his mere accusation cannot be admissible in court as an evidence. But he tried to take over the court, by influencing them.
The case was appeared at the criminal court. The burden of proof shall be on the side of the prosecution. All criminal cases shall be proved beyond reasonable doubt. The particular case, Adam Naseer, rejected the convictions. Maldivian laws, the Evidence Act, Narcotics Act and the criminal procedure act stipulates that a convicted person can by be guilt by is confession or upon two witnesses. Adam Naseer rejected the convictions; however prosecution was unable to admit two oral testimonies.
Adam Naseer, his wife and daughter were possessing uneven sum of money, over five million or more. But prosecution failed to proved, the burden was failed procedurally. Finaly Adam Naseer was acquitted. Collecting evidence shall be improved, prosecution should be more effective and laws shall be revised. But the responsibility is left. MDP parliamentary Group leader, MDP Chairperson and even the president criticize the judiciary following the decision. But it can be challenged at the upper-courts, the High Court and the Supreme Court.
President needs his wording to be as a confession to the criminal accusations. He confessed that crimes are increasing due to the alcohol. He confessed jails shall not be made, since to make a crime-free society, he confessed to the EU that, freedoms will be granted at an unlimited way. The direction of the government pointed towards dictatorship. The rudder is fasted unevenly.
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- MDP chairperson vowed to smash opposition leader in to pieces
- Terrorist Nasheed wants a helping hand from INDIA for his campaign on the upcoming Presidential Election of Maldives
- Is Parliamentarians of Nasheed’s Party joining Indian Congress Party?
- RT @HasanHilmy: One of them will take office on 11th November 2013. #MvElection2013 fb.me/6sjVj8dMa 4 years ago
- @Velezinee your candidate too! Difficulty in comprehension. @MaldivianLawyer 4 years ago
- @Luhushan kaaku felhee annitha? gahaa saeedh tha? 5 years ago
- RT @riyazabdulla: "We will NOT be emotional" Deputy Police Commissioner haveeru.com.mv/news/44165 5 years ago
- RT @sshinau: Gahaa Saeed has breached CW conditions. Regardless of his intention he has to face the consequence. #ImpartialCoNI 5 years ago
- RT @shaaanyz: @HudhuKotharu film starun bodunnah thibenyaa vaane ehen 5 years ago
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