A panel of three Fiji judges headed by the acting chief Justice, Anthony Gates, has given the state time to file its affidavit supporting its application that the case brought against Commodore Frank Bainimarama and the military by the deposed prime minister be struck out.
Radio Legend reports that the solicitor general, Christopher Pryde, made the application in chambers this afternoon.
Mr Pryde submitted that the case brought by the deposed prime minister, Laisenia Qarase, could not go ahead as the Immunity Decree covering the two defendants promulgated by the president is now in place and no legal challenge could proceed.
The court will hear the state's application on September the 11th with the actual court hearing between Mr Qarase and the two defendants set for October the 2nd.
Mr Qarase's lawyer, Tevita Fa, says it is his client's legal right under the constitution to take the court action and he will be making his submissions accordingly.
The other defendants in the case brought by Mr Qarase and former SDL MPs are the state and the attorney general.