Thursday, May 21, 2009
As per Constitution

A deliberate agenda can be gleaned from the sequence of events following Dhiyana's castration. In the latest installment of the saga, Anni suggests that the attorney general's (AG) office is no longer involved in 'criminal prosecution or drafting legislation'. It is surprising then that clause (g) of article 133 of the constitution states:
'The Attorney General shall have power to issue general directives to the Prosecutor General on the conduct of criminal proceedings.'

Furthermore, clause (c) of article 220 of the constitution states:
'The Prosecutor General (PG) is independent and impartial, and he shall not be under the direction or control of any person or authority in carrying out his responsibilities and the exercise of his powers. He shall carry out his responsibilities and exercise his powers without fear, favour or prejudice, subject only to the general policy directives of the Attorney General, and on the basis of fairness, transparency, and accountability.'

These two clauses certainly indicate that the AG has some purview over the work of the PG. What of 'drafting legislation' then? The sources of new legislative bills are the people (as per article 4 of the constitution), the parliamentary members/committees and the government. Where government bills are concerned, according to clauses (a), (b) and (c) of article 133 of the constitution, the AG should be responsible for drafting them.

The whispers of conspiracy and propaganda arise from these ill-informed remarks made by the government. One might be inclined to think that Anni's intention of constricting the AG's office, despite the constitutional provisions, arises from a need for greater control (is that not the road to autocracy?).

Readers would be interested to know that the responsibilities of the AG of Maldives (as per the constitution at least) are similar to those of the AG of the British government. Given this in conjunction with Anni's new intentions for the AG's office, the MDP's purported affiliations with the British Conservative Party is a little amusing.



On Dhiyana's interview:
She should also have cited clause (e) of article 133 of the constitution, which states:
'The Attorney General shall promote, protect, uphold and defend the rule of law, the public safety, the freedoms of the public and the public interest.'

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