The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.
The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.
The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.
The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.
“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.
“I believe there is enough evidence to take action,” he added.
Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”
“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”
Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.
“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”
Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.
Criminal
Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.
“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.
UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.
“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.
Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.
“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.
Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.
According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.
Political decision
Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.
Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.
“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.
“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.
In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”
“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.
Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.
Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.
Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.
Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.
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Hear Yee, Hear Yee!
Concerned about assult on Islam! @#$%^&
So Minivan is now a franchaise of ISIS?
Come on Minivan. You advocate for individual liberties and freedom. Whats wrong with a guy having a good time with a female companion.
Do you stand for individual freedom and democratic values OR for Sharia law. You cant have it both ways.
Judge Ali Hameed was merely being a good democrat. So why blame him.
LOL - just exactly what part of a democracy is a corrupt judiciary? A judiciary that is corrupt and controlled by the few is the complete opposite of how a democratic institution should operate. Not to mention the blatant hypocrisy of a court that sentences men and women to be flogged run by people committing the same crimes.
@LOL
Nah. We just like laughing at the hypocrisy of a "100% muslim nation".
Why would judge’s sex behavior is an insult to Islam? How come that for everything in Maldives ultimately ends with Islam? ; I think Islam is a scapegoat, the grue ,the moral guide , immoral teaching a virus you name it, you can derive anything from Islam. It has become laughing stock, a political tool to manipulate the poor ignorant true believers and they are the victims of this phantom. The narratives should change if you want get out of this Islam phobia or Islam mania, you should remove Islam from political sphere. After all religions are like, food, women, and booze, everyone has different taste for these human desires, lets treat Islam also as a religion those who enjoy from it let them enjoy and those who can’t stand for it don’t take them seriously . And don’t Islam get involved in everything, change the narratives of Islam from the way of life to craving of some .
This is how you defend Islam in this country. If you had elected Nasheed into office this fornicator would have been stripped of his position and we all know that is anti-Islam.
Thank you PPM for defending Islam!
yay
dear people
i was jailed for two month allegedly having sex with my present wife. when the police came we were sleeping. there was not enough witnesses at present. but i was still jailed for two months. i will go colombo soon if omebody can tell me which hotel this bugger stayed i will look into the registry of the hotel so i can help the police.
Let him enjoy and no body has to spy on him.
An insult to humanity are the religions.
Sure, every one of them has got humane part to it, but almost all wars are waged in the name of religion, promising to protect one set of people from the other set of people.
All religions must extract the divine part, and come out with the truth. Its a man made tool to manipulate the people to get what the kings, conquerors, dictators, messengers want.
@mosad.
True! Let him enjoy and nobody has to spy on him!
But the peoples have had their mandates for judges written long before this guy has had his enjoyment!
It should not be forgotten that it is the peoples who pay him out of their coffers and therefore they have a right to question him, give him all benefits of doubt and put him to trial just like anyone else!
Undoubtedly he should be given the right to a fair trial just like anyone else!
But the bare fact is that this case has been alarming ever since the very beginning!
Political figures and his partners (in justice or injustice), have been trying to clear him of any possible guilt without giving the slightest benefit to any possible doubt!
As a common citizen, it is highly believable that no proper investigation was carried out by MPS and there must be more people who could have done more than what they possibly have done to let Maldives and the world to know facts about this happening!
Basic questions that arose has not been answered, and the whole thing became an incomplete fake with the MPS getting more negative points to their already questionable records and weakening the already tarnished image yet once again!
This is more than disgusting! And it should be a sad day for justice!
@LOL
ISIS is not concerned about Islam, it's concerned about power and uses Islam as a tool. Strange so many people don't seem to get how extremism works, it's so simple.
And on this matter, of course it is an insult to Islam. Who cares which media brings this news, it's just a fact.
In latest news the MDP which is the self designated liberal party of the Maldives is trying to appeal to conservative voters who were once the bitter targets of previous campaigns. How this unfolds will not matter and will not be updated.
So Velazinee is promoting Sharia
Next, Imran would realease a rap album.
QUOTE
Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.
Kaakah tha boluga rai kula nujehseynee?
@kareem,
Ali hameed spent his night with a Russian commercial sex worker at the Cinnamon Lakeside, Colombo. As is the case, her real name is not known, but the girl was in Colombo at least 6 months after the incident. It's very easy to find the girl, if she is still there. She would even testify if paid enough.
Who are we to say? The majority of Maldivians are ok with this.
I lol'd at the brainwashed morons who equate the hypocrisy of the judiciary with 'democracy'. Is this what they must do to earn their daily dose of heroin?
If this is their mentality, then they deserve to be swindled and fleeced by the dictators.