The current situation could not be compared to the situation in 1988 when there was a threat to internal security due to the intervention of pro-LTTE elements from outside.
The Defence Minister avoided repeated requests of the opposition MsP to explain the reasons for the judge’s arrest, claiming that the reasons had been explained in a previous public statement which was aired on the state TV three days after the arrest. Afeef at the time had accused the judge of “taking the entire criminal justice system in his fist”, and added that the executive had been compelled to act to protect the constitution.
The Defence Minister stated that the police had sent a letter to the armed forces on January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Judge Mohamed’s obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”
The MNDF exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody. He denied that the judge’s detention was unconstitutional. Afeef observed that those accused of causing the current unrest and destroying public property were swiftly being released by the judges, thus encouraging more unrest.
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The ruling Maldivian Democratic Party (MDP) proposed a bill to amend the Courts Act (22/2010) which would reduce the number of judges on both the benches of the Supreme Court and the High Court if passed.
Following heated arguments between MsP belonging to the ruling party and the opposition in the National Security Committee of the Parliament on the arrest of the Chief Judge, the National Security Committee session was abruptly dissolved and there were violent clashes between the protesters who demanded the release of the Chief judge and the government supporters. These violent clashes, which started on the night of February 4, continued on the nights of February 5 and 6 also. On the morning of February 7, about 100 officers of the Police and the MNDF joined the protesters and demanded the resignation of the President, forcing him to resign. After the resignation of the President, the arrested Chief Judge was released.
The current situation could not be compared to the situation in 1988 when there was a threat to internal security due to the intervention of pro-LTTE elements from outside. Finding that his forces would not be able to meet the threat, the then President Gayoom sought Indian assistance from the then Prime Minister Rajiv Gandhi. Indian forces intervened and restored law and order.
The threat to internal security this time was due to violent clashes involving members of the security forces and civilian protesters because of the anger over the arrest of the Chief Judge. While the resignation of the elected President under pressure exercised by a group of officers of the Police and the MNDF, who joined hands with protesters of the opposition, was deplorable, Nasheed himself, who had mishandled the situation by giving rise to suspicion that he was planning to pack the judiciary with his nominees, seemed to have felt that any external intervention to help him overcome the mutineers would be indvisable. Under these circumstances, the question of any Indian intervention did not arise.
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