Today the Cairo Appeal has overturned President Morsi's decision to dismiss former prosecutor general Abdel Maguid Mahmoud in a new confrontation between judiciary and presidency or in other words judiciary and the Muslim brotherhood.
Now according to this court ruling Morsi's decision to appoint Talaat Abdullah as prosecutor general is cancelled.
There is a lot of talk , legal talk now regarding the meaning of that court ruling and whether the presidency will appeal or not. Some legal expert I spoke with earlier today told me that Abdel Maguid Mahmoud should be reinstated accordingly even for 24 hours than to resign so the Supreme judiciary council would choose a new prosecutor general.
Other legal experts say that Abdel Maguid Mahmoud will not be reinstated but legally his term was over and so the Supreme judiciary council will choose from 3 candidates according to the constitution.Some say the ruling can be appealed while others believe it is not.
Former prosecutor general Abdel Maguid Mahmoud told Anadolu news agency that he was going to study the court ruling and its reasoning in order to see what he will do next.
The case was filed by two lawyers including loudmouthed bigger than life lawyer Mortada Mansour.
The Muslim brotherhood and its members as well their supporters claim that this court ruling is unconstitutional because it violates article no. 236 that gives immunity to the results of the constitutional declarations by SCAF and Morsi.
The current prosecutor general is claiming the same thing.
The MB's judges for Egypt also say the same thing.
Ironically the Cairo appeal has another view according to its reasoning it issued shortly. The court believes that this is not a presidential decree but rather an administrative decision that can be appealed and cancelled.Also the court believes that Constitutional declaration is invalid because it was not put to public vote as it should according to the law.
There is a huge legal and judiciary dilemma here thanks to the fiasco created by President Morsi's legal adviser the amazing Fouad Gadallah !!
Now according to this court ruling Morsi's decision to appoint Talaat Abdullah as prosecutor general is cancelled.
There is a lot of talk , legal talk now regarding the meaning of that court ruling and whether the presidency will appeal or not. Some legal expert I spoke with earlier today told me that Abdel Maguid Mahmoud should be reinstated accordingly even for 24 hours than to resign so the Supreme judiciary council would choose a new prosecutor general.
Other legal experts say that Abdel Maguid Mahmoud will not be reinstated but legally his term was over and so the Supreme judiciary council will choose from 3 candidates according to the constitution.Some say the ruling can be appealed while others believe it is not.
Former prosecutor general Abdel Maguid Mahmoud told Anadolu news agency that he was going to study the court ruling and its reasoning in order to see what he will do next.
The case was filed by two lawyers including loudmouthed bigger than life lawyer Mortada Mansour.
The Muslim brotherhood and its members as well their supporters claim that this court ruling is unconstitutional because it violates article no. 236 that gives immunity to the results of the constitutional declarations by SCAF and Morsi.
The current prosecutor general is claiming the same thing.
The MB's judges for Egypt also say the same thing.
Ironically the Cairo appeal has another view according to its reasoning it issued shortly. The court believes that this is not a presidential decree but rather an administrative decision that can be appealed and cancelled.Also the court believes that Constitutional declaration is invalid because it was not put to public vote as it should according to the law.
There is a huge legal and judiciary dilemma here thanks to the fiasco created by President Morsi's legal adviser the amazing Fouad Gadallah !!