Thu, 03 Jul 2025
|DHIVEHI
Court declines jurisdiction in Asif dismissal case
03 Jul 2025
|
Former EC member Mohamed Asif -- Photo: Elections Commission
The Civil Court has ruled that it lacks jurisdiction to hear a case filed by former Election Commission (EC) member Mohamed Asif, who sought a judicial review of his dismissal by Parliament.
The Parliament removed Asif from the commission on November 25, 2024 through a formal resolution. Asif contested the decision in April this year, arguing that the removal process violated principles of natural justice and due process. He maintained that the decision was politically motivated and requested the court to assess whether it was legally justified.
In response, the Parliament maintained that the court could not intervene in parliamentary decisions made under constitutional authority. It argued that the Civil Court was not empowered to review actions taken by the legislative body unless explicitly allowed by the Constitution.
Chief Judge Maryam Waheed upheld this position, stating that courts cannot examine the legality of parliamentary decisions unless a direct constitutional breach is evident. She noted that political questions or differences of opinion are not grounds for judicial intervention.
The court acknowledged that Asif had raised concerns over the fairness of the process, including a lack of transparency in how Parliament had handled similar disciplinary matters. However, it found no legal basis in the claim that his dismissal had violated existing laws or procedures.
Asif’s argument that there were no active investigations against him by the police or Anti-Corruption Commission was also addressed. The court noted that Parliament acted within its constitutional right, specifically Article 117, which allows the removal of an EC member through a majority vote. The court reaffirmed that parliamentary decisions unless clearly unconstitutional fall outside the judiciary’s remit.
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