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Everyone was pleased with the ruling of the First Instance Court, which convicted a number of judges of receiving bribes from defendants and money laundering.
These stories happen everywhere in the world, not only in Kuwait; but no one talks about them or refers to them, because in that case if a judge or judges file a complaint against the speaker, they or their colleagues in the profession will be the opponent and the judge.
Being a judge is a risky profession, such that not everyone who applies for it can practice it … I remember when we graduated from the same class in the early 70s, and applied for the position of deputy attorney general or attorney general…
I remember that the late Attorney General Waqyan Al-Waqiyan told us they were not satisfied with our high marks or our good behavior during our school days.
Therefore, we excluded ourselves and no one was left in the prosecution and the judiciary afterwards, except our dear friend Faisal Al-Murshed who retired years ago from the position of head of the Supreme Judicial Council.
An impartial judiciary is necessary and important for any system of government. “Justice is the basis of the king.” Whoever ensures justice is an impartial and just judge. God will multiply their likes in our judiciary, God willing.
This is not my main topic … My topic is the abolition of Article 292 of Civil and Commercial Procedures Law number 38 of 1980, which stipulates: “The Director of the Execution Department or whoever is delegated by the General Assembly of the Court of First Instance from among the court’s attorneys shall issue an order based on a petition to imprison the debtor for a period not exceeding six months if he refrains from following a final judgment despite his ability to fulfill it.”
This article has been canceled by Bankruptcy Law No. 71 of 2020 according to Article Five thereof. I do not know what is the connection between bankruptcy and the seizure and summons decision that precedes the issuance of an order to imprison the debtor, provided the creditor proves his ability to pay the adjudged amount, that his age does not exceed 65 years and other conditions which protect the debtor from the creditor’s abuse.
After the abolition of this article; we, the lawyers have been suffering from the intransigence of a debtor who is able to settle his debt as proven by a final judgment. He transfers his accounts to one of his companies, sons, relatives or wife; as well as his real estate and securities. The creditor remains with an ordinary debt resulting from a financial obligation or the sale of real estate, movable property or anything else.
Therefore, we ask the MPs of our assembly, from whom we have not seen a concrete action for more than a year; particularly those who specialized in law, to reconsider canceling this important article of the pleadings law, resettlement, summons, imprisoning the debtor and preventing him from traveling in order to implement the ruling issued in the name of His Highness the Amir, may God protect him.
By Ali Ahmed Al-Baghli
Former Minister of Oil