Parliament approved on Tuesday the extension sought by President Abdulla Yameen, but it was passed without the constitutionally required quorum of 43 lawmakers.
The prosecutor general, Aishath Bisham, had told police in a letter the state of emergency was unconstitutional, two senior officials of the Prosecutor General's office told Reuters.
"The prosecutor general said that she believed the vote was unconstitutional and as a result the state of emergency is also unconstitutional," one official said.
"She did not ask the police to release the state of emergency arrestees, but she said that she could not see any legal basis for keeping them under arrest."
When parliament approved the extension of emergency, the ruling party legislators also sought a Supreme Court opinion through a resolution on the approval without the quorum.
The Supreme Court later on Tuesday issued a temporary stay, asking all state institutions to follow the state of emergency declaration until it deliberated on a resolution submitted to the court by the parliament.
Ahmed Mahloof, an opposition spokesperson, said the president was forcing the police to keep the people arrested in detention, despite the prosecutor general's letter.
"The chief justice and a judge of the court are detained illegally," Mahloof told reporters. "The Supreme Court can't deliberate without the chief justice. They can't even use the seal of the court without the permission of the chief justice."
Under the emergency, Yameen's administration has arrested the chief justice, another Supreme Court judge and former president Maumoon Abdul Gayoom on allegations of attempting to overthrow the government.
Though Yameen has ignored the court rulings, he has stopped short of saying he will not obey them. He has, however, fired two police chiefs who said they would uphold the rulings, and he continues to jail opposition members.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)