Ali Hussain to appeal Supreme Court registrar's rejection of Ras Malé case

Lawyer and former Kendhoo MP Ali Hussain has announced plans to seek a review of the Supreme Court registrar's decision to reject his constitutional challenge to the government's agreement to allocate 500 hectares of land in Ras Malé to UAE-based Eagle Hills.

Ali Hussain filed the case seeking to halt the agreement, arguing that the proposed land allocation violated the Constitution. However, the Supreme Court registrar decided on Sunday not to register the case, ruling that it did not fall within the categories of matters that could be submitted directly to the court.

Speaking to Dhauru on Tuesday, Ali Hussain said he intended to request a review of the registrar's decision by a panel of Supreme Court justices.

"We will first submit a request for a panel of justices to review the registrar's decision. We are working to submit it within approximately a week," he said.

Under the applicable rules, a request to review the registrar's decision must be submitted within 14 days. The deadline for Ali Hussain's application is 25 October.

The Supreme Court registrar based the decision on Article 11 of the Courts Act, which specifies the types of cases that may be submitted directly to the Supreme Court as a court of first instance.

These include matters that could result in a constitutional vacuum or a breakdown of the constitutional system, disputes between state institutions concerning the interpretation of the Constitution, and constitutional questions involving the public interest.

The registrar concluded that Ali Hussain's petition did not meet the requirements for direct submission to the Supreme Court.

The decision concerned the registration of the case and did not constitute a ruling on the legality or constitutionality of the agreement with Eagle Hills.

In his original petition, Ali Hussain sought a declaration that the agreement with Eagle Hills violated Articles 250 and 251 of the Constitution and was therefore invalid.

He also requested an interim order suspending implementation of the agreement until the Supreme Court reached a final decision.

The proposed interim order was intended to prevent any rights or interests in the land from being granted to third parties while the case remained before the court.

Ali Hussain has argued that the agreement would grant Eagle Hills rights over 500 hectares of land without requiring the company to pay an acquisition cost or rent.

He maintains that the proposed arrangement contravenes constitutional provisions governing the disposal and management of state assets.

The government has signed a commercial terms agreement with Eagle Hills for a proposed USD 20 billion investment in the Ras Malé development.

Under the agreement, the company plans to develop waterfront and marina areas within the project's urban district, including branded residences, resorts, restaurants, a marina, a waterfront promenade, and leisure and wellness facilities.

The development is planned in phases and is projected to attract more than USD 30 billion in foreign investment, including USD 18 billion in net investment.

Eagle Hills has also projected that the development could create approximately 54,000 jobs and attract more than one million visitors annually, generating an estimated USD 2 billion in annual tourism revenue.

These figures are projections associated with the proposed development.

Ali Hussain's planned review application will seek to overturn the registrar's refusal to register the constitutional challenge, potentially allowing the Supreme Court to consider the case.