Criminal cases in PG leadership absence unconstitutional, says Drug Court judge
10 May 2014, 10:00 PM
Ahmed Nazeer
Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali has said.
Writing on his personal blog, Mahaz disagreed with the attorney general’s (AG) recent suggestion that the official in the senior most position at the PG office must take over the PG’s responsibilities.
AG Mohamed Anil claimed the country was in the midst of a “state of necessity” in the aftermath of acting PG Hussain Shameem’s resignation earlier this week.
The doctrine of necessity is the basis on which extra-legal actions by state actors, designed to restore order, are deemed constitutional.
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