A former senior judge at the Criminal Court, Ahmed Hailam, has stated that Shahid accepting the resignation of former President Mohamed Nasheed was against the constitution.
On the 7th of February 2012, former president Mohamed Nasheed resigned in the wake of a violent coup by Specialist Operations police officers and elements of the military. His resignation letter was submitted to the parliament by the former Defence Minister, Carnal Retired Mohamed Nazim, and Former Commissioner of Police, Abdulla Riyaz. By the time the incident took place, Mohamed Nazim and Abdulla Riyaz were not holding any of the government positions, so they were just private citizens.
Foreign Minister and former Speaker of the Parliament, Mr. Abdulla Shahid, has said that he followed the process mentioned in the constitution upon receiving the resignation letter from Nasheed and appointing the former Vice President Abdulla Waheed as the president, following the resignation letter.
In response to Mr. Shahid addressing the 7th of February incident at a televised program, the former senior judge at the Criminal Court, Ahmed Hailam, said that there is no law stating that a letter from the President's office, can be accepted through a private citizen. Hence, accepting the resignation letter through a private citizen is also against Act 121 of the constitution.
As per Act 121 of the constitution, the president may resign from office by writing under his hand and submitting it to the Speaker of the Parliament, then the office shall become vacant upon receiving the resignation letter by the Speaker.
Speaking about the 7th of February incident, Shahid has said that as per the new constitution, all the government positions will become immediately vacant from the time of resignation applied, and similarly goes to the presidential position as well. He further said that he followed the process mentioned in the constitution upon receiving the resignation letter from Nasheed back then.
Meanwhile, many senior members of the ruling party, MDP, have raised similar views with Hailam on the fact that the resignation letter was received and accepted through an unofficial source.
Both Nasheed and Shahid are currently representing the ruling party, MDP, although, by the time of the 7th of February incident, Shahid was representing one of the opposition parties.
On the 7th of February 2012, former president Mohamed Nasheed resigned in the wake of a violent coup by Specialist Operations police officers and elements of the military. His resignation letter was submitted to the parliament by the former Defence Minister, Carnal Retired Mohamed Nazim, and Former Commissioner of Police, Abdulla Riyaz. By the time the incident took place, Mohamed Nazim and Abdulla Riyaz were not holding any of the government positions, so they were just private citizens.
Foreign Minister and former Speaker of the Parliament, Mr. Abdulla Shahid, has said that he followed the process mentioned in the constitution upon receiving the resignation letter from Nasheed and appointing the former Vice President Abdulla Waheed as the president, following the resignation letter.
In response to Mr. Shahid addressing the 7th of February incident at a televised program, the former senior judge at the Criminal Court, Ahmed Hailam, said that there is no law stating that a letter from the President's office, can be accepted through a private citizen. Hence, accepting the resignation letter through a private citizen is also against Act 121 of the constitution.
As per Act 121 of the constitution, the president may resign from office by writing under his hand and submitting it to the Speaker of the Parliament, then the office shall become vacant upon receiving the resignation letter by the Speaker.
Speaking about the 7th of February incident, Shahid has said that as per the new constitution, all the government positions will become immediately vacant from the time of resignation applied, and similarly goes to the presidential position as well. He further said that he followed the process mentioned in the constitution upon receiving the resignation letter from Nasheed back then.
Meanwhile, many senior members of the ruling party, MDP, have raised similar views with Hailam on the fact that the resignation letter was received and accepted through an unofficial source.
Both Nasheed and Shahid are currently representing the ruling party, MDP, although, by the time of the 7th of February incident, Shahid was representing one of the opposition parties.
