Although the Police Board has decided to rescind the appeal of the terminated police officers on the advice of the board, the Attorney General's Office at the High Court has not decided on rescinding the case.
The AG Office made the statement during Tuesday's hearing on the appeal at the first appellate court.
Maldives Police Service terminated Assistant Commissioner of Police Mohamed Jamsheed, Commissioner of Police Ahmed Mohamed, Chief Superintendent of Police Abdulla Shareef and Superintendents Mohamed Dawood and Ismail Shameem.
The outgoing government had appealed Civil Court's decision to dismiss the officers' termination case at the High Court.
At Tuesday's hearing, the advocates of Jamsheed and Ahmed Mohamed said the state's appeal on the case was not on behalf of the Police Service, and that the Police Board has informed its decision to rescind the case.
State responded to this notifying that the case was appealed on the advise of the Police Board and under the standard procedure for such cases by the Attorney General's Office.
When questioned if the state wishes to rescind the case after Police Board's decision, the AG Office said no such decision had been arrived yet.
The High Court judges bench presiding over the case further asked if the state could proceed with the appeal despite Police Board's decision to withdraw, to which AG Office said that there is legal possibility for it after making necessary assessments. The office further said that although opinions or counsel of other agencies are factored, the final decision on such matters would be made by the AG Office.
However, advocates of Jamsheed and Ahmed Mohamed argued otherwise, stating that the AG Office no longer held discretion to proceed with the case when the relevant party to the case has decided to withdraw.
Meanwhile, the High Court has issued an interim injunction on implementing the verdict of the Civil Court order on the case. Jamsheed and Ahmed Mohamed's attorneys requested to cancel the injunction at the appellate court.
The attorneys further said that out of the terminated officers, only the two have not been reinstated to their positions for which they both have experienced serious economic loss.
The state however argued there was no requirement to revise the order.
The High Court judges bench said it would deliver the verdict after revisions on the order.
The judges on the bench for this case include Justices Hassan Shafeeu, Mohamed Saleem, and Senior Justice Hussain Shaheed, with Shafeeu presiding as the bench's chair.