High Court Accepts Constitutional Challenge to Gulper Shark Fishing

The High Court has accepted for filing a constitutional case challenging gulper shark fishing, overturning an earlier decision by the court’s Registrar to reject the application after a three-judge panel unanimously found that the petition sufficiently detailed an alleged violation of Article 22 of the Constitution.

The decision follows an application submitted on 23 April seeking a review of the Registrar’s rejection of the constitutional case. The judges’ ruling, shared by the court via email on 25 June, found that the petition had set out sufficient grounds to proceed.

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In their unanimous decision, the three-judge panel stated: “As the reasons for violating Article 22 of the Constitution have been stated in detail, we believe that the case must be accepted.”

25 ޖޫން 2026 – ކަށިމިޔަރުގެ މައްސަލަ – އަދާހަމަ

ކަށިމިޔަރުގެ މަސްވެރިކަމާބެހޭ ދުސްތޫރީ މައްސަލަ 2 ވަނަ ފަހަރަށް ހައިކޯޓަށް ހުށަހެޅި، މައްސަލަ ބަލައިނުގަތުމަށް ރަޖިސްޓްރާރ ނިންމި ނިންމުން ބާތިލްކުރުމަށް ފަނޑިޔާރުން ނިންމުން#Miveshi#22geDhifaauga https://t.co/ybtjR6pKzf pic.twitter.com/paZSYyzAo9— Miveshi for the Environment (@miveshi) June 25, 2026

The panel comprised Judge Ismail Shafeeu, who chaired the bench, Judge Hussain Majeed, and Judge Hassan Shafeeu.

Under Section 29(l) of the High Court Regulations, the applicants now have 10 days from receiving the decision to formally file the constitutional case before the High Court.

The constitutional challenge was first submitted on 9 December 2025, shortly after the government announced it would permit regulated gulper shark fishing. The High Court initially rejected the application on the grounds that it did not clearly establish whether the decision being challenged constituted a law or a regulation. The applicants resubmitted the case on 18 February this year before filing a second revised application on 23 April after the Registrar again declined to accept it.

The case was filed by environmental activists Humaida Abdul Gafoor and Mohamed Sineen, who are seeking to invalidate the government’s decision to permit gulper shark fishing.

The Maldives imposed a blanket ban on shark fishing in 2010. However, in November 2025, the government partially lifted the ban to allow gulper shark fishing under a regulated management framework.

Under regulations issued by the Ministry of Fisheries and Ocean Resources, gulper shark fishing is permitted only between 1 December and 30 June each year, with licences limited to 40 fishing vessels. Exporters are also required to purchase gulper sharks only from licensed fishers, processors, or suppliers.

The decision has been criticised by environmental organisations, including Blue Marine Foundation, Maldives Resilient Reefs, and Miyaru, which argue that gulper sharks are slow-growing deep-sea species with low reproductive rates and are particularly vulnerable to overfishing.

The government has maintained that the fishery is being introduced under a management plan intended to ensure sustainability and regulatory compliance.