PNC MP Sinan loses his seat over debt case

Nine months after the conclusion of hearings, Supreme Court, on Sunday, has ruled that PNC’s North Hithadhoo MP Mohamed Sinan has lost his parliamentary seat.

This marks the first case heard by the Supreme Court regarding the disqualification of the member of the incumbent 20^th parliamentary assembly. The case was filed by a private individual, Ghalib Saleem.

It stems from the failure to pay an MVR 3.8 million loan withdrawn by the lawmaker and two of his co-applicants – Ahmed Waheed and Mohamed Saleem – from the Maldives Islamic Bank (MIB), which sued the three individuals after they defaulted on the payment.

Ghalib requested the Supreme Court to declare that Sinan no longer satisfied the constitutional requirements to serve as a parliamentarian on the basis that he had failed to settle a court-ordered debt.

In Sunday’s judgment hearing, the Supreme Court ruled that a debt had been duly established and as such, determined that Sinan lost his seat.

The principal findings outlined in Justice Aisha Shujoon Mohamed’s opinion, which formed the basis of the judgment, include:

1. Since Sinan’s legal representatives did not seek to overturn the original judgment issued by the Hithadhoo Magistrate Court, the argument that it was delivered in his absence is not acceptable
2. It has been established that a debt exists against Sinan
3. There is no evidence indicating that Sinan had been making regular payments towards the debt as required in the judgment
4. Failure to appeal the judgment against Sinan makes it final
5. Documentation proves Sinan was granted the opportunity to appoint legal counsel and defend himself during the lower court proceedings, and that he was clearly aware of the resulting judgment
6. Although stipulated in the judgment that the debt be settled in monthly installments over a six-month period, Sinan failed to adhere to this schedule. The court ruled that paying the total amount in the third month instead of following the prescribed installments does not constitute compliance with the court's order
7. The ruling also clarified that even if a loan is secured by collateral, the existence of a proven, unpaid debt remains a disqualifying factor for holding a parliamentary seat

All justices on the bench concurred with Justice Shujoon’s opinion.

The case was heard by a five-judge bench headed by Justice Aisha Shujoon Mohamed, alongside Justice Ali Rasheed Hussain, Justice Dr. Mohamed Ibrahim, Justice Hussain Shaheed, and Justice Mohamed Saleem.

Both Saleem and Shaheem were appointed to the top court during the current administration.