The High Court today has decided that the appeal submitted by the State to the court regarding the case of the legitimacy of former President of opposition Maldivian Democratic Party (MDP) Dr Ibrahim Didi can be entertained by the court.
The State had filed the appeal on a procedural point in the conclusion of the case filed by MDP against the Police, for dismantling the party’s camp at the surfers point area, at the Civil Court.
MDP had at first opposed the appeal filed at the High Court claiming that an appeal cannot be filed based on a procedural point. However the High Court responded to the opposition stating that if it is believed so MDP should submit the case to the court following which it will be decided whether to accept the case or not and that so far the Supreme Court had not declared that the camp was dismantled in violation of any rules or regulations.
The conclusion read that thus the bench of judges presiding over the case had decided unanimously to continue with the case in court.
The procedural point taken up by the State reads that the papers submitted to the court regarding the surfers point camp case was signed by Dr Didi, then appointed President of the party, but that he did not have the legal power to sign the papers because though the party had changed their basic regulation to allow only the President or Vice President of the party to sign papers on behalf of the party, the Elections Commission (EC) had not been informed of the change until after Didi was appointed President and appealed that the court establish Dr Didi did not have the legal authority to sign papers on behalf of the party.
However the Civil Court had decided on the point that given that the basic regulation does not state any reiteration if the EC is not informed Didi cannot be designated as lacking legal authority to sign papers on behalf of MDP.
The case filed by MDP against that State reads that the party has the right set up camp at the surfers point area.