Appeal paused after judge found to have ruled on same case in HC

The Supreme Court on Thursday halted an appeal hearing after it was revealed that a judge on the current Supreme Court bench had taken part in issuing the High Court order under appeal.

The case concerns a High Court ruling issued in May that ordered the state to stay enforcement of a Civil Court judgment requiring a payment of MVR 32 million to Centre Enterprises within one month. The High Court bench that issued the stay order comprised:

Judge Saleem was appointed to the Supreme Court in June. The appeal filed by the state against the High Court decision was scheduled to proceed Thursday.

The Supreme Court bench hearing the appeal consisted of Justice Saleem, Justice Aisha Shujune and Justice Ali Rasheed. During the hearing, while the state counsel was presenting arguments, Justice Shujune was seen speaking quietly to Justice Saleem. The hearing was then paused.

When the session resumed, the bench acknowledged the conflict of interest.

Justice Saleem stated: “A person who participated in the High Court order is now on the bench of the case. Therefore, a decision will be taken on the matter. The hearing has been adjourned today.”

The state has challenged the High Court’s stay order following concerns raised by the Auditor General’s Office. The Attorney General’s Office requested a review, and the Auditor General reported that Centre Enterprises had submitted invalid invoices to the court. The Attorney General’s Office has since filed a police complaint.

This dispute is one of three cases lodged against the state relating to services claimed to have been provided by Centre Enterprises in 2006.

In one case, the High Court ruled in February that the state must pay USD 2 million in compensation relating to shortages of medical supplies. In a third case, the Civil Court ruled in April that the state must pay MVR 12.7 million for black coral stones supplied to the Ministry of Environment.