Malé, Maldives – In a landmark ruling today, the Supreme Court of Maldives has stated that the High Court has the jurisdiction to review decisions made by the Information Commission of Maldives (ICOM).
This decision comes after the Attorney Generals Office has appealed the verdict of Maldives High Court declaring that they have no jurisdiction to review appeals over the decisions of the Information Commissioner.
At today’s hearing, Supreme Court decided that the High Court has the jurisdiction to review decisions of the ICOM and ordered the High Court to review all appeal cases which was rejected by the court previously.
Speaking of the High Court decision, Justice Azmiralda Zahir stated that the decision to not review ICOM appeals interferes with fundamental rights.
The Supreme Court statement read that the right to information is a fundamental right provided by the constitution and the High Court decision closes the path to review following government bodies refusal to disclose information.
The High Court decision that reviewing ICOM decisions fall outside their decision is unlawful.
Supreme Court of Maldives
The ruling by High Court was made regarding a case filed by MWSC to appeal the Information Commissioner’s decision to release an audit report as requested by a former employee of the company related to his dismissal.
MWSC then filed the case to the High Court to review the decision of the Information Commissioner under the RTI Act, Article 64.
The Maldives High Court then ruled that it has no jurisdiction to review decisions made by the Information Commissioner under the Judicature Act.
The Judicature Act dictates that the High Court can hear cases as an appellant court in cases regarding decisions made by lower courts or tribunals established under the law.
The High Court stated that since the Judicature Act refers to Maldives Constitution with regards to the meaning of tribunal which states “any institution not constituting a court, authorized by law to adjudicate cases where a dispute arises between two or more parties and to which an application is made for adjudication”, the Information Commissioner cannot be considered a tribunal and therefore, the Court does not have jurisdiction over the decisions of the Commissioner.
This decision was unanimously voted by the three presiding judges, Judge Mohamed Faisal, Judge Mohamed Niyaz and Judge Hussain Shaheed. The High Court however noted that the Supreme Court of Maldives has the jurisdiction to hear appeals on verdicts of the High Court.
This ruling was over turned at the Supreme Court today by a three Justice bench including Justice Dr Azmiralda Zahir, Justice Dr Mohamed Ibrahim and Justice Uz Mahaz Ali.
