Parliament regulation amended to allow MPs serving criminal sentences to attend parliament

Parliament has amended the parliament regulation to allow MPs serving criminal sentences to attend parliament sessions.

The amendment to remove Article 55 (h) was proposed to the Parliament General Purposes Committee by Maldivian Democratic Party (MDP) parliamentary group MP Ibrahim Rasheed and the committee report was passed by the parliament today with 39 votes in favour and 20 votes against, with votes from MDP and Dhivehi Rayithunge Party (DRP) MPs.

Article 55 (h) states that if a MP is convicted of a criminal offence, the MP must forego, for the duration of serving the penalty, the right to attend parliament and to vote in parliament sessions.

An earlier Supreme Court ruling refers to Article 55 (h) of the parliament regulation and states that a MP convicted of a criminal offence cannot attend parliament for the duration of the sentence. The ruling was passed in a case put before the court following the Criminal Court conviction of former Kaashidhoo MP Ismail Abdul Hameed.

Announcing the ruling, Chief Justice Ahmed Faiz said that this is a procedure followed by many democratic counties and serves to safeguards the dignity of the parliament by ensuring that a person convicted of a criminal offence does not have the right to represent the citizens.

Criminal Court currently has pending cases against four MPs; Abdulla Jabir and Hamid Abdul Gafoor, who were indicted with alcohol and drugs charges following their arrest from Haa Dhaa Hondaidhoo, and cases against Ali Waheed and Ahmed Mahloof, who were charged over misconduct in a protest during former president Mohamed Nasheed’s term.

Article 73 (c) (2) of the constitution, the article outlining the qualifications of MPs, states that a MP shall be disqualified if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.