Court allows constitutional challenge to gulper shark fishing plan

The High Court has overturned a decision by its Registrar rejecting a constitutional case challenging the government's regulation and management plan permitting gulper shark fishing in the Maldives.

The case was filed by environmental activists Humaida Abdul Ghafoor and Mohamed Seeneen, who argue that the decision to permit gulper shark fishing contravenes the Constitution and other laws.

The application was first submitted in December last year. However, the High Court Registrar rejected it on two occasions, ruling that a constitutional case could only proceed if a law or regulation itself violated the Constitution.

The applicants sought a review of the Registrar's decision by the High Court's Council of Judges.

A three-judge bench considered the matter last Thursday and unanimously ruled that the case should be accepted, finding that the application sets out how the gulper shark fishing regulation is alleged to violate Article 22 of the Constitution.

The court has granted the applicants 10 days to resubmit the case. Their legal representatives said the application will be refiled within the deadline.

The government's decision to permit gulper shark fishing has drawn objections from environmental organisations, scientists and members of the diving community.

A joint letter signed by 60 environmental organisations, including local and international groups, as well as 50 scientists, was sent to President Dr Mohamed Muizzu urging the government not to proceed with the fishery.

The letter cited concerns including:

The Maldives has prohibited shark fishing since 2010, when a nationwide ban on shark fishing came into effect.