Drug regulation violates constitutional authority: Gasim

Jumhooree Party (JP) leader Gasim Ibrahim said on Monday that the regulation to deport foreigners who smuggle drugs by air was made after curbing the authority of the constitution.

Also the MP from Maamigili constituency, he made the remarks while debating an emergency motion moved by MDP MP from Henveiru West Constituency Hassan Latheef seeking amendments to the rule.

Speaking on the issue, which was passed for a debate with the votes of MDP lawmakers after MDP issued a three-line whip to reject the emergency motion, Gasim said the regulation was made in violation of the constitution and the law.

"I believe that no regulation can be made that violates the constitution or the law. We don't have to follow the orders that are made when there is no conflict with the law and regulations, no matter wich ruler does it," he said, criticising the regulation, which was gazetted in January.

"The magnitude of the case is clear that someone is trying to suppress the authority of the Constitution or the authority of the laws from somewhere."

He feels that making such regulations should be seen as a "very serious matter".

"No matter who does it, the power to rule is granted through the constitution and the laws... the regulation is invalid. Those who did it are in the wrong, as are those who implemented it," he said, speaking in parliament after a long time.

"If this kind of thing happens within a community, then the destruction of the place is either very close or is already damaged."

Hassan Latheef said in the emergency case that it is not legally possible to make a regulation that does not negate what the law prescribes as guilt and punishment. He urged the government to remove the relevant sections of the regulations.

Drugs worth MVR 6.5 million were seized from the luggage of a 23-year-old Brazilian passenger who arrived by air on February 6. The drug was seized and under the regulation, the trafficker was deported.