High Court Judge, Justice Anjala Wati has dismissed the proposed Fiji Labour Party’s case against the Registration of Political Parties Decree.

The case was filed against President Ratu Epeli Nailatikau, Attorney General Aiyaz Sayed-Khaiyum and the Registrar Political Parties.  

Justice Wati said that under the Administration of Justice Decree, the court does not have the jurisdiction to determine the substantive and interim cause in this case. 

The matter has been referred to the Chief Registrar to raise a certificate of termination of the challenge.

The Administration of Justice Decree states that no court shall have the jurisdiction to accept, hear, determine, or in any other way entertain, any challenges whatsover including any application for judicial review by any person to the validity or legality of any decrees made by the President from April 10th 2009 and any decrees as made by the President.  

The proposed FLP’s lawyer, Anand Singh had also sought an injunction against the Registrar of Political Parties from proceeding with the deregistration of the proposed FLP.

However Acting Solicitor General, Sharvada Sharma said any injunctive orders are prohibited against the state. 

He also said that there is no evidence of any deregistration.

Sharma said the proposed FLP has applied for registration and now the due process of taking public objections on the registration will be done. 

He said there is no evidence that the proposed FLP would be deregistered at any point in time. 

The Acting Solicitor General said it is only after the due process is carried out, will it be evident whether or not the political party will be deregistered.

Sharma stressed that the court does not have any jurisdiction under the Administration of Justice Decree to entertain any application challenging the validity of the decree. 

Proposed FLP’s lawyer, Anand Singh argued that it is not correct that the courts cannot grant injunctions against the state.

While dismissing the application, Justice Wati said if this is allowed then different parties could come to court and be allowed to challenge different provisions of the decree, and if all challenges were allowed, the end result could lead to the challenge of the entire decree.

Sharma asked for $2,000 in costs however Justice Wati ordered the proposed FLP to pay $1,500 to the Attorney General’s Office in costs.

Story by: Vijay Narayan