Maldives government on Thursday dismissed India's call to implement the Supreme Court order of February 1 which had sparked fresh political strife in the island nation.
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.
President Abdulla Yameen Abdul Gayoom on February 5 had declared a 15 day state of emergency after his last ditch attempt to convince the top court to revoke the order failed, purged the Supreme Court by arresting two judges and the remaining political leaders and ultimately had the order revoked.
As the state of emergency expired, president Yameen had got the parliament contentiously extend it by another 30 days.
Hours before the 45 day state of emergency was set to expire, legal affairs minister Azima Shakoor flanked by the Attorney General (AG) Mohamed Anil announced the president's decision to lift the emergency state with effect from 12pm Thursday.
India government in a statement "welcomed" the revocation of emergency in Maldives, even as it cautioned that several concerns expressed by the international community "remain to be addressed."
"While this is one step towards addressing the issues related to the prevailing political situation in that country, a number of concerns expressed by the international community still remain to be addressed," said the ministry of external affairs in a statement.
The MEA also called upon the government of Maldives to "ensure credible restoration of the political process, as well as the rule of law."
"We, therefore, call upon the Government of the Maldives to restore all Articles of the Constitution, to allow the Supreme Court and other branches of the judiciary to operate in full independence, to promote and support the free and proper functioning of Parliament, to implement the Supreme Court's Full Bench order of 1 February 2018 and to support a genuine political dialogue with all opposition parties," it said.
In response to India's statement, the Maldives foreign ministry insisted that the February 1 order disrupted the executive and state institutions infringed national security and undermined the constitution.
The government also noted that there was no longer a legal mandate to implement a court order which had been nullified by the top court.
"Further, the Government also wishes to note that it has no legal mandate to implement the Supreme Court Order of 1 February 2018, since the Supreme Court, by its Court Order no 2018/SC-SJ/03, issued on 6 February 2018, nullified the Court Order of 1 February 2018," the statement read.
"Furthermore, the Government of Maldives wishes to reiterate that public statements made without genuine regard to facts and ground realities of the situation in the Maldives are not helpful at all to ensure a stable, peaceful and prosperous Maldives that meets the aspirations of its citizens."
By Wednesday, prosecutors have got the country's criminal court to remand the suspects until the end of their respective trials which otherwise would have forced authorities to release them after the emergency state ended.
The most high-profile figures remanded until the end of the trial included former president Maumoon Abdul Gayoom, chief justice Abdulla Saeed and top court judge Ali Hameed - all now formally charged with terrorism over the alleged plot to overthrow the government.
Prosecutors have also formally charged four opposition lawmakers over the alleged coup plot.
Gayoom's lawmaker son Faris Maumoon, Jumhoory Party (JP) deputy leader Abdulla Riyaz, Dhangethi lawmaker Ilham Ahmed and South-Machchangoalhi lawmaker Abdulla Sinan have all been charged with terrorism for conspiring to overthrow the government. Three out of the four lawmakers have all been remanded until the trial ends thus far.
The President's Office in its statement assured that the constitutional rights and functioning of independent institutions have been restored.
"The three branches of the State remain independent and the checks and balances enshrined the Constitution are safeguarded. Though there still exists a diminished threat to national security, because the nation can now continue without further losses incurred, and upon the advice of the Security Services and in an effort to promote normalcy, the President has decided to lift the State of Emergency," the statement read.
Less than a day after the arrest of the two judges, the remaining three judges rescinded its ruling to release the political leaders referring to the concerns raised by president Yameen in the letters he had sent to the chief justice hours before state of emergency was declared.
In addition to Nasheed, the other top political leaders named in the now rescinded order included Jumhoory Party (JP) leader Gasim Ibrahim, religiously conservative Adhaalath Party (AP) leader Sheikh Imran Abdulla, former defence minister Mohamed Nazim, former vice president Ahmed Adheeb Abdul Ghafoor and Gayoom's lawmaker son Faris Maumoon.
Former prosecutor general Muhthaz Muhsin, magistrate Ahmed Nihan and Adheeb's uncle Hamid Ismail make up the rest of the list.
