Government to submit case to Supreme Court, on Article that disallows arresting MPs

Minister of Home Affairs Dr Mohamed Jameel Ahmed has said that the government has decided to file a constitutional issue to the Supreme Court, on the Article of the Parliament Standing Orders that states that a Member of Parliament cannot be arrested preceding an imminent Parliament decision on no-confidence resolutions.

Speaking at a press conference at Home Ministry today, Dr Jameel said that Article 17 of the Constitution states that everyone is entitled to the rights and freedoms without discrimination of any kind; and Article 20 states that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law.

Dr Jameel said that therefore, the government is of the opinion that even Members of Parliament can be arrested if they are suspected of having committed a crime.

“What we are dealing with here is different interpretations of laws by two institutions. The Parliament rules state that Members of Parliament cannot be arrested when certain issues are in progress at the Parliament. Regardless of the seriousness of their crime, M cannot be arrested at such a time,” he said.

Article 202 (d) of the Parliament Standing Orders states that a Member of Parliament cannot be arrested preceding an imminent Parliament decision on a resolution to remove the President, Judges, members of independent institutions and independent officers from office.

Dr Jameel said that Article 202 (d) of the Parliament Standing Orders contravenes Article 244 of the Constitution, which describes the primary objectives of the Police as stopping and investigating crime, and protecting all people in the Maldives and their property; as well as Article 8 (b) of the Police Act which states that the Police have the authority to arrest persons on suspicion of a crime, conduct searches and obtain samples from suspects in accordance with the law.