Court is revoked on the basis of Mahalla order, takes again fired Prosecutor

AFP CAIRO AN EGYPTIAN Court on Wednesday rejected a decision by President Mohammed Mahalla to bag Prosecutor General Abdel Meguid Mahmoud and ordered his recovery, State media reported.

The ruling of the Court of appeal is the Presidency once more on a collision course with the judiciary, while the enforcement of the provisions, if any, remains locked in a legal maze.

Mahalakshmi fired Mahmud in November, in a decision that the President sweeping powers and placed its decisions beyond judicial review. Mahmud was replaced by the current Attorney General, Talaat Abdallah.

The decision was eventually withdrawn, under enormous pressure from the street, but the decisions arising from the were protected by the Constitution adopted in December.

Wednesday's ruling comes because the Court finds that acted outside its executive competence in Mahalla dismiss Mahmoud, but "it faces big obstacles," said Khaled Abubakr, a leading lawyer.

"There is a judicial decision that must be applied, but at the same time, there is a decree that is protected by the Constitution," he said.

The decision will intensify long-running tensions between the Presidency and the judiciary that Magyar accuses of interference in the independence. "The solution is for a higher court, such as the constitutional Supreme Court, on line on the crisis," said Abubakr.

"Legally speaking, we now have two generals of the Prosecutor," said Abubakr. Mahmoud itself, in a statement, said he had not yet decided on what action to take but was "happy with the ruling, which emphasizes that the independence of the judiciary." Mahalakshmi appointed current Prosecutor Abdallah in December in one of a number of decisions that sidelined judges, sparking a legal strike and mass rally by the Muslim president opponents. His actions triggered a nationwide protest with opposition called it a "coup" and the judges saying it was a direct attack on the independence of the judiciary.

Mahalakshmi the appointment of Abdullah as the new Ministry came after Talaat protracted talks by revolutionary groups to replace Mahmoud, considered as a remnant of the reign of the deposed President Hosni Mubarak. However, judges and rights groups said that Magyar violated the right to name of the new Ministry of the judges.

The opposition is now, removal of Mahalla Abdullah, criticize him for are beholden to the President and prosecuting activists critical of him.

In his case to the Court, the fired Prosecutor Mahmoud claimed that the country's highest prosecutor cannot be dismissed by the President, say the Mahalla decision "ignored the principle of the separation of powers and the independence of the judiciary." Mahalakshmi Mahmoud fired in October initially but had to rescind his decision, because his Office is not competent to do so.

Then, in a widely criticized decision Mahalla decided that the Attorney General can serve in Office for only four years, with immediate effect on Mahmoud, who had held the post since 2006.

Mahalakshmi Mahmoud replaced by Talaat Abdullah, a right career and quickly swore him in. In the same Decree, granted immunity of judicial supervision of Mahalla themselves virtual, and also a panel charged with drawing up the Constitution of the country was faced with lawsuits shielded.

Mahalakshmi of aides at the time said his decisions were to "protect" the course of Egypt during the revolution against a judiciary packed with appointees of former President Hosni Mubarak.

Under the pressure of mass protests that followed, then revoked the Mahalla his own immunity, but reserve the new Ministry.

The new top Prosecutor Abdullah has protests from within the judiciary, with a large number of prosecutors and judges going on strike to oppose his appointment.

He briefly resigned, but later returned to his post.

However, have a number of prosecutors his return to the course in court, probably later this week in a separate case be ruled challenged.

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