Constitutional case re-filed at High Court over gulper shark fishing decision

A constitutional case challenging the government’s decision to permit gulper shark fishing has been re-filed at the High Court following amendments to the original petition.

The case seeks to invalidate regulations and a strategic plan introduced by the government to allow gulper shark fishing. The decision has been taken despite objections raised by environmental organisations, international advocacy groups, and members of the local diving community.

The legal challenge was brought by environmental activists Humayda Abdul Ghafoor and Mohamed Seeneen. The case was first filed in December, arguing that the decision to permit gulper shark fishing violates the Constitution of the Maldives and existing environmental laws.

The High Court did not register the initial filing. The court registrar ruled that it did not meet the threshold for a constitutional case, which requires a direct inconsistency between a law or regulation and the Constitution. A request for review was subsequently considered by the Council of Judges, which upheld the registrar’s decision, stating that constitutional matters raised in the public interest, as presented at the time, fell outside the court’s jurisdiction.

Following the court’s guidance, the petitioners amended their submission and re-filed it as a constitutional case on the second of this month. The High Court has not yet decided whether the revised filing will be admitted.

Opposition to the reopening of the gulper shark fishery has continued. A letter was sent to President Mohamed Muizzu, signed by 60 local and international environmental organisations and supported by 50 scientists.

The concerns outlined in the letter include the lack of a stock assessment for gulper sharks, the biological characteristics of the species and its history of population decline, and the impact of climate change on marine ecosystems.

The Maldives has maintained a ban on shark fishing and has protected all shark species within its waters since 2010.