Nimish kumar, The International Parliament Journal (IPJ).

Kuwait City, kUWAIT (5th April, 2023) The Chairman of the Legislative and Legal Affairs Committee, Dr. Obaid Al-Wasmi stressed the importance of the role of the judiciary in preserving state institutions from destruction, stressing that “the judiciary does not affect and no authority has any authority over the judge in his rulings by virtue of the constitution.”

This came in a joint press conference held by President Al-Ghanim today in the National Assembly, and included both Deputy Speaker of the Parliament Ahmed Al-Shahoumi and Chairman of the Legislative and Legal Committee, Representative Dr. Obaid Al-Wasmi.

Al-Wasmi said, “We have to realize the importance of the judiciary as a need, not a job. If the judiciary does not exist, the state will be demolished with all its institutions, which the Prime Minister contributed to disrupting.”

Al-Wasmi called on those claiming legitimacy to respect the constitution and not interfere in the work of the judiciary because it is a crime punishable by law, stressing that “no leader in Kuwait has ever asked a judge to submit his resignation.”Al-Wasmi stated, “We are a state of law, institutions, and a constitution, and the supreme orders mean powers, and the powers must be organized. Let me tell you an example of the foolish consultant who appointed a minister, and he is a trivial person. He explains to a group of sheikhs and tells them that I manage the issue, and we will say everything that it is supreme orders, especially In the constitutional system, the sovereign act of His Highness the Amir, are not the Amiri orders and is there anything higher than them, because it is exercised by the Prince alone, including the assignment of the Prime Minister and his removal from office, an authority that is not exercised by anyone except for one person, which is His Highness the Amir? He said, “The prime minister must meet the conditions stipulated in the election law. Therefore, let us assume that the person who was appointed does not hold the Kuwaiti nationality. Does this matter exist? This matter does not exist.” Al-Wasmi continued, “We are talking about the law. The infringement that occurred is not against Ali, the judge, who, by God, I do not know, and he is an advisor who is destined to be a person who worked in the judiciary all these years and occupied this position, so the entire people must defend him in your own defense.” He said, “Whoever does not like the judiciary must submit a draft law to improve the performance of the judiciary, and this is the mechanism. You and others do not have the right to summon a judge and tell him to submit your resignation because I do not like your ruling. If the matter is in this way, then tomorrow any 15-year-old will rise and call any judge and say to him: If you issue any ruling in this way, we will dismiss you,” adding, “All there is is that we call for calm and control of matters, but we saw that this feature was met with a negative matter.”Al-Wasmi said, “The Prime Minister disrupted the work of the legislative authority and violated an explicit text by which I swear to protect the state and defend its money and freedoms of its people, by not recognizing the legislative authority or the judicial authority and your explicit assault on state institutions and a ruling from the Constitutional Court,” stressing that “all of the above condemns the Prime Minister.” “.Al-Wasmi considered that “the call for calm and control of matters was met with a negative order,” asking, “Do you think that once a decree was issued granting you the position of prime minister, you will say what you want? All these files will be opened.”He said, “Your lack of recognition of the legislative authority, your lack of recognition of the judicial authority, and your outright assault on state institutions, in addition to the fact that a ruling was issued by the Constitutional Court condemning you, and this is the reason that made you summon the judge.”His Highness the Prime Minister called for an apology on official TV for the judiciary as an authority and for the advisor, Muhammad Al-Naji, stressing that this apology is not for the person of the advisor, but rather for his capacity, the judicial function, and every judge in Kuwait.And he addressed the advisor, Muhammad bin Naji, saying, “I swear by God, if I resign, this only means that all the words they said are true, and therefore you do not defend yourself, but rather defend the judicial authority and the palace of justice in all its institutions.”He wondered how a group of well-known tweeters behind them published news in the name of the advisor before he was summoned to the court? Addressing the question to the Director of the State Security Apparatus, Sheikh Salem Al-Nawaf, “Those who sit in London every day talk about the sheikhs by name, so who do these people follow?”And he stressed that this method will not work, and the law must be applied, but it is better that it be applied within the framework of the system, wondering, “There are those who destroy institutions, and we are paying the price, and it is not permissible for you to use state tools to destroy them.”Al-Wasmi stressed that “the judiciary is not an ordinary job, but rather a necessary need, and if people’s confidence in the judiciary is shaken, chaos will prevail in society,” adding that “the constitutional document defines the powers of the prime minister, and the law must be applied.”Al-Wasmi stressed that he and his fellow deputies are not afraid of the elections, but the need calls for setting controls so that the suspicion of fraud that occurred in the past elections does not recur, indicating that it is unacceptable for Sheikh Ahmed Al-Nawaf and Salem Al-Nawaf to run the elections.He stressed that Kuwait’s judiciary should not be affected, indicating that “those who do not like the judiciary should submit legislative amendments, as he did by submitting a number of proposals aimed at improving the performance of the judiciary.”Al-Wasmi refused to deal with the method of summoning the judiciary and asking them to resign, considering that this matter means that the judiciary will then be asked to write judicial rulings in certain forms or impose any amount of blackmail and threat.He said, “The Kuwaiti constitution stipulates that no party has authority over the judge in his judgment, and it is not permissible in any case to interfere in the course of justice, warning that whoever wants to ignore this constitutional text can ignore other constitutional texts, and this is a dangerous issue.”And he indicated that the repetition of sending such letters is due to the inability of the legislative institution to convene, because the office of the parliament is the remaining administrative body in the National Assembly, and through it a letter of discharge of responsibility is conveyed to the public.He added, “When the infringement reached the point that the judge of Kuwait’s judges was summoned and asked for this request, this issue threatens us as individuals and threatens the freedoms and rights of every citizen and resident on the land of this country, and you must tell your advisor that the judiciary is not arbitration, and even arbitration has guarantees.”

And he indicated that “the most important characteristics of judicial work and a general principle of the general principles of law in which the legal system in Kuwait, France, Italy, India and Germany do not differ is the impartiality and impartiality of the judge in the sense that the judge is not placed under any situation dictated by the decision, and therefore you, as Prime Minister, act in this way, as this is not Just a lack of understanding, rather it is closer to the witnessed crime.”

And he added, “Therefore, we say to the brother counselor, Muhammad Naji, and I, by God, do not know you, nor did I meet you, and the last time I saw you was 30 years ago in an administrative case. to all Kuwaiti judges, and thirdly, it is an infringement of constitutional provisions that you cannot waive.”

He directed his speech to the judges of Kuwait and the judicial institutions, “The judiciary is a need for us and not a job or a privilege for your people, and therefore if this authority is weakened, the state ends or the end of the state begins, and therefore any judge in the state who accepts this practice, I swear by God that he does not deserve the honor of the judiciary, because you waive the most important guarantees established for you. 
He added, “What happened today with the head of the Judicial Council does not guarantee that it will happen tomorrow with any other judge, and that an officer or one of the prime minister’s friends or sittings will summon you and tell you to judge in this way, and then the state has completely ended.”Al-Wasmi called on the judges to take a position consistent with the correctness of the law, indicating that a large number of law professors confirmed before the court considered the appeal that there would be an invalidity of the elections.He was surprised that the Prime Minister took this measure with the President of the Supreme Judicial Council, adding, “I challenge His Highness the Prime Minister to show and explain the effects of the collapse of the (Brighten Woods) agreement on the strength and durability of the Kuwaiti national currency, given that 60% of the value of the Kuwaiti dinar is based on the dollar.”

He said, “Do you have the ability to sit in this place and explain this effect to the Kuwaiti people? I swear to God, I emigrate from Kuwait, and we are not a field of experiments for everyone who does not have the competence to manage his position. 

” To reform the judicial system, but this is the only authority that should not be touched, so I repeat the words to His Excellency Counselor Muhammad bin Naji, the current and continuing president of the Constitutional Court and the Court of Cassation, that you and the rest of the brothers judges must have a position in support of the constitution and the seriousness of the judicial function. https://www.kna.kw/News/NewsDetail/5/22/655