Kinbidhoo MP Abdulla Riyaz’s emergency motion regarding detention of Leader of Jumhoory Party (JP), Maamingili MP Qasim Ibrahim has been rejected by People’s Majlis on grounds it did not meet the criteria for an emergency motion.
As soon as this Monday morning’s Majlis sitting began, MP Abdulla Riyaz raised an objection and asked for the reason behind the decision to reject his motion.
Speaker of Majlis, Abdulla Maseeh Mohamed answered that the motion was rejected as it did not meet the criteria necessary for an emergency motion, but did not specify why.
“There are certain criteria that need to be met stated in relevant sections of People’s Majlis regulation when submitting emergency motions. So if the criteria aren’t met, the Majlis’ presiding body cannot do anything irregular regardless of how much we want it. For this reason, because the criteria aren’t met, Majlis’ secretariat has informed honorable MP that the emergency motion cannot be included in the agenda despite the submission by honorable MP,” said Speaker Maseeh.
Riyaz said in his emergency motion that Qasim’s arrest on April 6 was unlawful.
Riyaz said that while Article 45 of the Maldivian Constitution bans unlawful arrests and detentions, Qasim was arrested and jailed in direct violation of Article 13 of regulation on detention and release of parliamentarians stated under Article 13 (a) of the law on immunity.
Article 13 of law on immunity:
If a parliamentarian needs to be jailed for an investigation into a criminal offense; unless the parliamentarian was arrested perpetrating a criminal offense, it needs to be done under court order from a superior court or a court of a much higher jurisdiction.
Riyaz said he was submitting the emergency motion under Article 145 of People’s Majlis regulation to bring to government’s attention that Qasim’s arrest and detention was a direct violation to the Constitution and prevented a parliamentarian from performing his legal duties.