Maldives top court has scheduled hearings on Sunday to hear the motion filed by the opposition to repeal two new controversial laws passed by the government controlled parliament on Tuesday.
Maldives ruling party had submitted an amendment to the Judges Act carefully scripted to remove the two Supreme Court judges arrested under the state of emergency over the alleged plot to overthrow the government.
The second law on anti-defection was devised to disqualify a dozen former government lawmakers.
Both laws have been passed amid the continued opposition boycott on parliament sittings which have now been ratified by incumbent president Abdulla Yameen Abdul Gayoom.
The opposition had filed a motion challenging the new laws insisting that they were in blatant contradiction of the constitution.
The Supreme Court has scheduled separate hearings to hear the challenge on Sunday.
The amendment to Judges Act submitted ruling party deputy leader and Fonadhoo lawmaker Abdul Raheem Abdulla was passed by 38 votes during Tuesday's sitting amid the continued boycott by opposition lawmakers.
According to the amendment, judges convicted of a criminal offence would be automatically removed from office.
The amendment said a judge convicted of a criminal offence would be removed with immediate effect after the sentence. The amendment was also designed to bypass the constitutional article on removal of judges arguing that it does not relate to the conduct of judges.
The amendment said the judicial service commission (JSC) must suspend the judge with pay following his or her arrest. However, once the judge is formally charged he or she would cease to receive pay while he or she would be immediately removed from office if convicted
The ruling party in its amendment has also limited the time for appeal. A convicted judge must file the first appeal within 10 days while first appellate court is given 30 days to arrive at a sentence. The same time frame has been afforded to the Supreme Court as the last stage of appeal.
"The reason for proposing such an amendment is to ensure such an incident does not occur and those responsible are held properly accountable for their actions," Abdul-Raheem said adding, "while the top court judges were in association of former presidents and others to overthrow the government we cannot take legal action against them under the current law."
The draft law on anti-defection was submitted in the wake of a top court stay order the relevant institutions to hold off on the reinstatement of a dozen opposition lawmakers disqualified over an earlier anti-defection ruling.
The island nation has been embroiled in fresh political turmoil after the Supreme Court on February 1 ordered the immediate release of jailed political leaders including self-exiled former president Mohamed Nasheed.
The court had also annulled its anti-defection ruling and ordered the country's electoral watchdog to re-instate the dozen rebel government lawmakers disqualified over the ruling. The Supreme Court said the anti-defection ruling was issued as a temporary solution to the constitutional dispute case filed by the state but insisted that the relevant authorities have failed to bring to effect an anti-defection law specified in the ruling.
After the government controlled parliament earlier Monday voted to accept the draft law, the parliamentary committee had revised it to make it effective from July 13, 2017 - the same day the top court had issued its original anti-defection ruling.
The law was passed by 36 votes during Tuesday's sitting amid the continued boycott by opposition lawmakers.
According to the draft law, lawmakers elected on party tickets would lose their respective seats if they quit, change or are dismissed from the party. However, the law would not apply to independent members if they sign for a particular party.
The law also does not apply to lawmakers for violating party whip-lines or are penalized by a party for disciplinary violations.
