Author: Mariyath Mohamed

Youth Minister promises employment to all youth by 2015

The government’s objective is to find employment before the end of 2015 for every youth listed in the unemployed youth register, Minister of Youth and Sports Mohamed Maleeh Jamal has said today.

Several thousand youth have already been listed on the government’s new unemployed youth register both from capital city Male’ and various atolls, he said.

“Youth in the jails who have become a burden on the state and numerous families are now being put to work on various government projects,” Maleeh said, referring to a Ministry of Home Affairs’ program in which inmates are to work on government projects.

“Even beyond this, the government will create many opportunities for youth, and turn them into people who will shape the nation and be at the helm of building its future. This is one of the main objectives of this government,” he said.

That the government’s aim is to bring unemployment down to 3 to 4 percent of the country’s youth population, Maleeh has previously said. According to a survey conducted by the government and the International Labour Organization (ILO), the youth unemployment rate currently stands at 30 percent of the youth population.

The ministry has started work to compile a register of unemployed youth across the country in December. They also introduced a website to facilitate online self registration.

National Day

Speaking in an event held in the island of Utheemu in Haa Alif atoll, the Youth Minister emphasized the role of youth in the development of the country.

“We must work unitedly, prioritizing national interest and with sincerity towards our country. Youth is the main foundation in attempts to reach this goal. While it is youth who can convey the spirit of nationalism to future generations, the current deteriorated status of the economic and social fabric of our country has placed the future of our youth under an immense dark cloud,” he said.

“Several youth who have gotten involved in the abuse of drugs, and who mingle with dangerous groups and commmit serious crimes like assault and murder have become a huge burden to and a serious fear of our society,” he said.

The way to make youth more responsible is by offering educational and work opportunities, he added.

“The biggest responsibility upon all our shoulders today is building nationalism. This can be achieved by viewing the religion of Islam, human rights, culture, economy and social development as the main basis of nationalism,” he concluded.

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Religion and nationalism key themes on National Day

The government held an event inaugurated by Vice President Mohamed Jameel Ahmed at the Republican Square on Wednesday night to mark the Maldives’ 440th National Day.

The day is marked to celebrate the anniversary of the country’s independence from the Portugese invasion.

Members of the cabinet, foreign dignitaries, members of independent commissions as well as the security forces attended the event.

President Abdulla Yameen Abdul Gayoom – who is currently in India on his first official trip abroad after assuming office in November 2013 – also gave a pre-recorded national address via the state broadcaster on the occasion.

In his address, the President stated no individual must be allowed the opportunity to take away the nation’s peace for political purposes or to gain personal benefit.

While it is important to view every citizen as a stakeholder in matters of the country, people should not be given the chance to challenge nationalism or conduct any activity that may threaten independence and sovereignty in the guise of freedom of expression or through differences in political opinions, Yameen continued.

“We must instill the spirit of nationalism in the younger generations who will inherit this country in future. The moral we must take away from National Day is for those in power and leading the country, citizens and all responsible leaders to raise national and community interest over personal interest as we work to overcome challenges. This is the example set by Mohamed Thakurufaanu [Maldivian ruler who saved the country from the Portuguese conqueres who ruled the country from 1558 to 1573]. This is the true meaning of his jihad in national interest back on that day,” Yameen stated.

“We must repeat the work our ancestors conducted in rain and shine. The reason we are to take breaths of independence today is due to the glorious jihad and sacrifices they made then for the sake of gaining independence. The country will not be able to take breaths of independence tomorrow unless we succeed in doing major work to overcome economic slavery and establish economic contentment,” he continued.

He pledged to fulfil his term serving all citizens equally and justly.

“I will make this government into one that is kind to its people, and loved by the people. I will bring swift changes as is desired by people and take the Maldives into a new era of development. My team and I will not be deterred in our work regardless of how rough the political seas we must cross become,” he concluded his address.

National Pride

“The spirit of nationalism can be maintained in its purest form only when social justice is established in the country,” Vice President Jameel said, speaking at Wednesday’s event.

The current government would work following the example set by Mohamed Thakurufaanu, Jameel said and called on citizens to protect the country’s independence and sovereignty.

“True nationalism can only be experienced with the improvement of living standards, and the country develops its health and education sectors,” he said.

“The nation must today be covetous of its national pride, of increasing self-sufficience, and should not let go of the national character. Today, if one has love for nationalism, one will not damage the country’s social fabric. One will not give away the country’s economic power into the hands of a foreign party. They will not sell off the national identity to a foreign group with no consideration towards national pride just for political gain. They will not let things go to the point where the country is stripped of the right to speak up about its own internal matters,” Jameel continued.

He appealed to the public to ensure that no one allows any other person to “damage the brotherly bonds between us in the name of establishing democracy, or in things that arise from differences in opinion, or any other cause”.

He then said that the day emphasizes the bridge between nationalism and islam in the country, adding that thus what must be given highest priority is the strengthening religious faith.

“Psychological war against religion, nationalism”

Home Minister Umar Naseer warned in his speech at the same event that there is an “ongoing psychological war aiming to lead astray our faith in Islam, and break up our ties of nationalism, a war that is escalating at a very fast speed”.

He stated that while this is a global danger, the Maldives is not far removed from being in its “line of fire”. Stating that the currently is already being affected by it, he appealed to all Maldivians to refrain from joining the “war” against the nation.

“For a Maldivian son to become a slave of this psychological war is like a cancer cell forming in the body of this nation. It is a huge danger,” he stated.

“It is important to become more independent in the country’s development work, and to give up depending on foreign labourers. There is no reason that the sons of fathers who scraped moss off the underside of fishing boats have to depend on a foreigner just to dust off their motorcycles,” the Home Minister said.

“Ours is a blessed land. It is a land that breeds heroes. Every time a foreign power has tried to meddle with our independence or our Islamic faith, Maldivian soil has brought out heroes that will cause the whole world to step back from,” Umar stated.

Irreligious acts are common today: Adhaalath Party

Religious conservative Adhaalath Party has also released a statement today, extending greetings on the occasion.

The statement spoke of the heroic events of Mohamed Thakurufaanu who had “slain the Portugese commander who had tried to force alcohol down the throats of pious Maldivians”, and then proceeded to compare heroes of the past with present day Maldives.

“The biggest difference is the mentality of Maldivians then and the mentality of Maldivians today. Then, when attempts were made to force alcohol down their throats, they resisted. Yet today, alcohol and narcotics is an epidemic which is alarmingly common among Maldivians,” it read.

“Then the Portuguese tried to force other religions unto Maldivians. Yet today, irreligious acts against Islamic norms are abundantly observed among Maldivians. This is not something the government can deal with by making it the mandate of a specific ministry, but a goal that all institutes must unite to reach.”

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President to discuss visa issues, business prospects with India

President Abdulla Yameen has said he will be seeking solutions to the difficulties Maldivians face in getting travel visas to India, and obtaining construction materials during his official visit to the country.

Yameen, however, claimed that the government does not intend to re-establish the contract with the Indian Company GMR to develop the country’s only international airport.

“One of the biggest obstacles faced by Maldivians travelling to India, especially those travelling for medical purposes, as well as students, is the difficulty in getting visa approval. That is something I will discuss during this trip,” Yameen told the press prior to his departure.

“The Foreign Ministry and the Immigration Department has already conducted a lot of work on this manner and we have hopes that there will soon be a solution to this,” said the president.

Yameen will be accompanied by the first lady on the official trip, taken after an invitation from Indian President Shri Pranab Mukherjee.

“In the context of businesses and general conditions, these are days when the country is facing trouble in getting construction material like building rocks and rock boulders. We have even previously talked about this,” he continued.

Yameen stated that, in addition to his own discussions, the government delegation travelling with him will also be conducting deliberations with their Indian counterparts, adding that he hoped the discussions would pave way for prospects beneficial to the Maldivian people.

He revealed that the main focus of the trip will explore ways in which India can assist in dealing with the difficulties currently faced by the Maldivian business and health sectors.

“Among the agreements, prospects for the health sector is included. Otherwise, we are generally going towards some agreements to seek assistance for the business sector. I believe that through discussions, there are numerous ways in which we can move forward together,” he stated.

“Similar to the Maldives, India too needs some time to make arrangements. Since our requests are large scale, it will take time for them to get approval from their parliament. However, the Indian government’s responses to us are very positive,” Yameen said.

Besides the Indian government, the Maldivian delegation will also be meeting key members of India’s business sector, Yameen said.

Also taking part in these meetings will be the leaders of ruling coalition parties, Gasim Ibrahim -Jumhooree Party – and Ahmed Siyam – Maldives Development Alliance. The two also chair the business groups Villa Enterprises and Sun Travels, respectively.

This is the president’s first official trip abroad since assuming office in November 2013.

Foreign Minister Dunya Maumoon, President’s Office Minister Mohamed Hussain Shareef, Health Minister Mariyam Shakeela, Economic Minister Mohamed Saeed, Tourism Minister Ahmed Adheeb, State Minister for Youth and Sports Gassan Maumoon and Foreign Secretary Dr Ali Naseer Mohamed will also be accompanying Yameen.

“No intention to bring back GMR”

Yameen said that the GMR issue is currently in the arbitration stage and has dismissed claims that the government may renew the airport development contract with the company.

“This government does not intend to give the whole airport back to GMR. I do not anticipate that the Indian government will discuss the GMR issue with us, it has not done so before. The GMR issue is not one which concerns the government of India,” Yameen stated.

“The matter is between two companies, albeit the companies being ones important to both governments. Why the airport is important to us is because it is one of the major earning sources for us, and because the company is a 100 percent state owned enterprise. In the same manner, GMR might be important to the current government in power in India,” he explained.

Yameen said representatives from GMR may be present in meetings with the business sector, but denied that the government would be meeting specifically with the company to discuss the airport issue.

“GMR representatives have not even requested to meet them separately. Thus, the GMR matter is not a notable focus in this trip of mine,” he said.

Yameen said that instead of renewing the GMR contract, the government is currently focusing on how the state can pay the compensation fee to the company, and that the matter was being dealt with in the official arbitration.

GMR Chair G M Rao told Indian media last month that he expected the US$1.4 billion wrongful termination claim to be resolved by May.

However, India’s Economic Times has reported that “the Manmohan Singh government will seek the creation of a climate conducive to Indian investment in the Maldives when president Abdulla Yameen arrives in Delhi on January 1 on his maiden visit abroad after being elected head of state.”

“This includes the resolution of disputes relating to GMR’s airport project and the allocation of a site for a Tata housing project,” continued the paper.

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Allegations of links to criminals dismissed as police celebrate SO Unit achievements

Commissioner of Police (CP) Hussain Waheed has dismissed as “absolutely baseless” allegations made by parliamentarians that the police had connections with criminals and the drug trade.

“The police force is not one that will encourage criminals or have ties with criminals who commit serious offences,” Waheed said at a new year celebration titled ‘SO Night’, held in Iskandhar Koshi on December 31 specifically for officers of the police’s Special Operations unit force.

He stated that, while the services of the police are widely accepted and appreciated by citizens, there have been recent instances where “some individuals have spread baseless rumours with the intention of damaging public trust in the forces”.

The event was held in order to celebrate the achievements of the force over the previous 12 months.

Waheed stated that he will not allow any persons to attempt to create rifts in the “strong and united force nor to damage the public trust in the tough work police conduct to maintain peace and stability in the community”.

Waheed stated that no one better knows the feelings of the public than the police, and that what the public most desire is a calm and peaceful community.

He called on the police to continue serving the people by working with a resolve to maintain a peaceful environment in the country.

Waheed promised the police forces that the leadership will develop infrastructure and human resource support within the year 2014.

Illicit drug trade and abuse

Assuring the public that police will continue to bring those involved in illicit drug trade and abuse to justice through courts of law, Waheed responded to allegations by some parliamentarians that the police were complicit in the drugs trade.

“The illicit drugs that we discover are safely under our care. Relevant authorities will know very well that such contraband are kept safely by us until the time comes to dispose of them as per the legal structure. There is also a mechanism through which one can inquire about the status of such contraband,” Waheed said.

“I am deeply saddened that even with such strong regulations around the matter, some people irresponsibly spread falsified rumours about the police force in a manner that will undermine the trust the public holds in us. There are also independent institutions that can conduct investigations should there be any police officer who is suspected of being involved in anything of the sort,” he expressed.

Allegations from parliamentarians

On December 29, 2013 Maldivian Democratic Party (MDP) MP Ibrahim Rasheed submitted an emergency motion to the parliament in regard to a stabbing incident which had occurred in the previous week.

Speaking in the parliamentary debate on the motion, members from the MDP and the Dhivehi Rayyithunge Party (DRP) accused the police of having ties with criminals, gangs, and drug dealers.

Among them, MDP MP Nazim described the police force as a “gang instead of an institution these days”, alleging that the force had dismissed sincere officers and replaced them with people who are accused of having committed serious offences.

CP Waheed, however, last night emphasized that the Special Operations Unit is the “most respected force within the police which all departments look up to”, speaking at last night’s event.

Special Operations Unit

“SO Night” is an annual event held to celebrate various achievements of the Special Operations Unit.

The event concluded with a presentation by the SO department of their achievements in the previous year.

This includes having provided technical support 219 times to various other police departments, controlling 57 public protests, and conducting 55 special operations and 23 trips to manage situations in the atolls.

The presentation also noted that in all their annual work, the SO had only made use of pepper-spray as a weapon, noting that it had been used a total of 55 times.

Among other statistics shared at the event, the SO unit stated that “in all of the year, 40 SO officers were summoned to the Police Integrity Commission and 2 SO officers were summoned to the Human Rights Commission. In handling the various situations, 50 SO officers suffered injuries of different levels”.

SO Department Head Chief Inspector Ahmed Shameem stated that the unit had not resorted to the use of rubber bullets or tear gas in controlling any of the situations that arose in 2013.

He stated that the unit had refrained from using these weapons, not because they did not have them, but because of their professionalism and their capability to deal with the situations in other ways.

Celebrating the work of SO officers who had contributed notably to the department’s work, certificates of appreciation were given to officers who were a part of a number of operations, among which a key activity is Operation Blue Wave – the security operation conducted during the 2013 presidential election.

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MMA Governer resigns before calling on state to minimise expenses

Maldives Monetary Authority (MMA) Governer Dr Fazeel Najeeb has called on the state to minimise expenses in a press conference held to announce his resignation on Tuesday.

Najeeb said that the biggest challenge faced by the country’s economy is the structure, which is inappropriate for a nation of this level. He elaborated on his comments, saying that the state often had to resort to printing additional money to meet the “far too hefty expenses of many state institutions”.

“A central bank must not resort to printing and releasing money, especially at a time when the economy is as weakened as it is now. Even more importantly, at a time when obtaining foreign currency is this tight,” he stated.

Najeeb advised that the best option to tackle the difficulty in obtaining foreign currency – due to the increasing amount of Maldivian currency being printed – is for the central bank to halt reprinting more Maldivian rufiya. He explained that increasing the amount of Maldivian currency being printed at a rate faster than it is possible to obtain foreign currency is one of the biggest threats to the economy.

He further called upon the parliament to expedite the passing of bills to facilitate increased state earnings and to improve the structure of the state.

He also appealed to the state to tighten fiscal policy so as to reap the best possible results from the established monetary policy framework.

Achievements during five years as governor

Announcing his resignation, Najeeb stated that he held no regrets regarding any decisions he had made while serving as governor, and that he was leaving the post in good conscience.

He confirmed that his decision to resign had not been due to any political pressure and that it had been purely a personal decision based on his familial situation.

Najeeb detailed what he described as his main achievements during the five years he served as head of the MMA, as well as other notable work he was leaving incomplete as he leaves his position.

Among the achievements mentioned, Najeeb noted the introduction of a banking law, a regulation under which banks and the financial sector can be regulated, and guidelines under which the insurance sector can be regulated.

He also added that he had been able to establish major developments on an operational level on an anti-money laundering structure with the involvement of many institutions.

He further highlighted other major prospects on which work had begun, but that had not yet reached completion. This included the establishment of an anti-money laundering act, an insurance act, and a mortgage act. He also spoke of having begun work on renewing the MMA Act and in bringing amendments to the banking law.

He revealed that he had sent drafts of many of the pending bills to the relevant authorities for amendments, tabling, and ratification.

Najeeb stated that he would not be seen in the political arena, adding that any work he conducted for the state in future will be on a purely voluntary basis.

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Ex CSC Chair seeks compensation for “financial loss and psychological trauma”

Former President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan has filed charges against the state seeking compensation for losses after the People’s Majlis dismissed him from his position.

Fahmy was removed from his post through a no-confidence vote after a parliament committee investigation into allegations of sexual harassment of a female employee.

But the Supreme Court later overturned the Parliament’s decision, deeming it “unlawful”.

An official of the Civil Court confirmed receipt of the case, but declined from providing details.

Meanwhile, local media have reported that Fahmy has sued the state for MVR 7 million (USD 456,029) for psychological trauma and the financial loss that the decision of the parliament had cost him.

He further added that the damage it caused to his reputation has made it difficult for him to obtain other employment.

However, incumbent President Abdulla Yameen has appointed Fahmy as the Deputy High Commissioner to Malaysia. The post is equivalent to the post of Deputy Minister. Hence, tehe Civil Court has asked Fahmy to resubmit his case without the reference to the difficulty in obtaining employment, local media reported.

Background

Police sent the case against Fahmy to the Prosecutor General’s Office in August 2012, requesting for charges to be pressed against him for sexual harassment. The PGO returned the case to the police, requesting further clarification.

In November 2012, parliament voted out Fahmy with 38 votes against 32.

Chair of the Independent Commissions Oversight Committee Mohamed Nasheed had said at the time with regard to the committee’s investigation of the matter that the committee had applied widely accepted civil standards.

“We have oversight mandate over the CSC and do not need to conduct a criminal investigation. Based on our findings, 7 out of 10 committee members decided that it is more likely that Fahmy had committeed this act than that he did not. And that is enough to remove him from the post,” Nasheed had said.

However, the Supreme Court overruled the parliamentary decision in March 2013.

Fahmy continued to go into work even after the parliament voted him out and a new Chair was appointed to the commission.

By mid-September 2013, the commission finally revoked Fahmy access to its offices, cancelling his fingerprint access on the offices’ security systems until the parliament and apex court overcame the impasse over his membership.

The commission also withheld his pay from September onwards, on the advice of Auditor General Niyaz Ibrahim.

Just over a week after President Yameen assumed office, he appointed Fahmy as the Deputy High Commissioner to Malaysia.

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Coalition will overcome “ordinary” rifts: Gayoom

Ruling Progressive Party of Maldives (PPM) leader and former President Maumoon Abdul Gayyoom has disregarded claims of rifts in the current government coalition as “ordinary”, expressing confidence that disputes will be sorted out in the near future.

Coalition partner Jumhooree Party (JP) had expressed dissatisfaction regarding the PPM’s failure to consult the party in compiling the state budget for 2014.

“It is understandable that sometimes, on particular matters, misunderstandings within a coalition may arise. That is how it happens in all parts of the world,” Gayoom said, addressing media upon return to the Maldives from a personal trip to Malaysia.

He stated that in general, the leaders of the coalition parties shared a “strong sense of unity and a spirit of working together”. He assured supporters that he would “wisely take on smoothing out any discord there may be within the coalition”.

While Gayoom speaks of solving issues within the coalition, his half-brother President Abdulla Yameen and JP leader Gasim Ibrahim – whose support was crucial in PPM winning the presidential election – have exchanged harsh criticism against each other regarding the proposed budget for 2014.

Deputy leaders of both parties have dismissed the claims that a rift existed within the coalition.

Upcoming elections

Gayoom further confirmed that as the main party in the coalition, PPM is currently working on assigning constituencies to the coalition partners for the upcoming elections, adding that it will be assigned as was agreed during the formation of the coalition for the presidential election.

PPM is competing in the upcoming elections together with coalition partners JP and Maldives Development Alliance (MDA).

PPM had promised the JP over 30 per cent of cabinet positions, parliamentary seats and local council seats in exchange for their support in the presidential election.

Earlier in November, Gasim expressed concern about the governing party’s failure to fulfill its promises to the JP, adding that it may be because the PPM “is hectically engaged in other government matters”. Stating that he did not believe Yameen or Gayoom would “deprive JP of benefits”, Gasim stated then that he had sent a letter to the PPM’s leader asking for clarification of what the JP is entitled to.

The fourth party in the coalition, religious conservative Adhaalath Party – after having recently dismissed rumours of it leaving the alliance – has announced that it will be contesting in the elections separate from the coalition.

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MDP asked for cancellation of Nasheed trial: Adheeb

The ruling Progressive Party of Maldives’ (PPM) deputy leader and Tourism Minister Ahmed Adheeb has said the opposition Maldivian Democratic Party (MDP) asked for cancellation of criminal charges against former President Mohamed Nasheed in exchange for MDP endorsing cabinet ministers.

Nasheed has been charged with the unlawful arrest of a Criminal Court chief judge Abdulla Mohamed. The case is still pending.

MDP International Spokesperson Hamid Abdul Ghafoor has dismissed Adheeb’s claims, terming them “nothing but blatant lies”.

Adeeb alleged that the MDP had raised Nasheed’s personal interest over national interest in discussions held between the two political parties ahead of the parliamentary vote to endorse cabinet ministers.

The People’s Majlis voted to endorse President Abdulla Yameen Abdul Gayoom’s cabinet yesterday. Six MDP members voted against a three whip line in endorsing eight ministers who MDP had rejected claiming they are ministers of “the coup government.”

Describing Nasheed as a man who “raised self-interest above all with no consideration towards national good”, Adeeb claimed that MDP had “reverted back to it’s old manners”.

“Instead of that exemplary behaviour, what we saw was that the party wants to revert back to its old manners and return to the past. Every time we tried to sit down with MDP and talk about endorsing our government’s ministers, they set the condition that we must recall the case against Nasheed. But we are not a government who will form commission upon commission and engage in digging up people’s past,” Adeeb said in a press briefing on Monday.

“Despite some MDP parliamentarians failing to work responsibly, the brave decision to vote in favour by some among those MPs who have deep-rooted love for the nation made it possible for all our ministers to become endorsed,” Adeeb stated.

“While I won’t accuse all of them, some among MDP attempted to inhibit the development we are trying to bring to this country, and to decrease investor confidence. However, the parliament vote has demonstrated the fact that our party is going steadily forward. That we will bring about the development that the citizens yearn for,” he stated.

Prior to Monday’s vote, President’s Office Spokesperson Ibrahim Muaz Ali had also expressed confidence that the ministers will receive sufficient votes from the parliament, saying at the time that “the government has a very good understanding with the leadership of MDP.”

He added then that the MDP had “put forward a number of suggestions”, but refused to reveal details of the discussion.

“Blatant lies”: MDP

MDP has meanwhile dismissed Adeeb’s allegations as “blatant lies”.

“Adeeb’s comments are nothing but blatant lies. To my knowledge, no one from this party has brought up some a topic or condition with any other person ever. We have set no conditions in discussions about ministers endorsement,” the party’s International Spokesperson Hamid told Minivan News today.

Hamid added that there has been “no formal negotiation between the parties, although there have been unofficial discussions between politicians from over the political spectrum”.

“Over a 1000 regular members of MDP have been placed in detention after the coup d’etat of February 2012, with a wide range of fabricated charges raised against them. I have heard of discussions about this matter between politicians of various parties. MDP does have an expectation that these people must be freed and allowed to return to their normal lives now that there is an elected government in place. They have done no wrong, and the charges against them were fabricated after they were arrested for exercising their right to demonstrate,” Hamid explained.

Former President Nasheed has also dismissed Adeeb’s allegations as false.

“To my knowledge, no such conditions were put forward. This is clear even from MDP parliamentary group’s whipline in the vote,” he is quoted as saying in local media Haveeru.

In Monday’s parliamentary vote to endorse ministers, MDP had enforced a three line whip against voting for 8 of the 15 cabinet ministers, while a free whip had been released in voting for the remaining 7.

A number of parliamentarians had breached the party’s whipline, resulting in the endorsement of all cabinet ministers. One of these members – Mohamed Rasheed – has since joined ruling party PPM.

The MDP leadership has announced that it will reveal the form of action to be taken against those who voted against the whipline after further investigation of the matter.

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Supreme Court orders JSC to halt transfer of judges

Supreme Court has released a mandamus order on Monday halting the judicial oversight body’s decision to shuffle ten superior court judges.

The order states the Judicial Services Commission (JSC) does not have absolute powers to transfer and promote judges.

Unless a court is liquidated no judge can be transferred to another court unless by the explicit decision of the Judicial Council, the Supreme Court said.

The Supreme Court has previously annulled the Judicial Council and taken over the council’s powers. The JSC has been notified of the move and hence is mandated to discuss any shuffle of judges with the Supreme Court, the order said.

“The Judicial Service Commission’s decision dated December 9, 2013 – where without any contribution of the Supreme Court – the JSC decided to transfer judges of the Civil Court, Criminal Court, Family Court, Drug Court and Juvenile Court from one court to another from January 1, 2014 is hereby overturned, and we notify Judicial Services Commission, concerned courts and other concerned authorities that it cannot be acted upon,” the order signed by Chief Justice Ahmed Faiz Hussain reads.

JSC disregarded Chief Justice’s objections

Earlier in December, the Chief Justice sent a letter to the JSC objecting to the transfer, presenting the same arguments as in Monday’s mandamus order.

The JSC had at the time decided to disregard the objections, saying it lacked legal grounds.

“Even under the constitution and the JSC Act, the commission is vested with the power to transfer the judges,” JSC representative from the parliament Ahmed Hamza said at the time.

“Order is baseless but will abide by it”

Hamza stated that the JSC still maintains that its decision is a legally justified one.

“When the next term of parliament begins, we will work on this matter from within the parliament. Meanwhile, the JSC’s position is clear: we maintain our stand that our decision to transfer judges is legal and within our powers,” Hamza told Minivan News today.

“By releasing this order, the Supreme Court has undermined the powers vested in the JSC by the constitution. I do not accept that the Supreme Court has the power to do so,” he continued.

“The Supreme Court usually overrules things when someone files a case there, not of their own initiative as in this instance. It is very surprising how this has come about.”

However, Hamza stated that as the objection has come in the form of a Supreme Court order, the JSC will have to follow it.

JSC Member appointed from the public Sheikh Shuaib Abdul Rahman stated that while the order held the same reasoning as the letter previously sent by Faiz, the JSC will abide by it as it has now come in the form of an apex court order.

However, commenting further in private capacity, Shuaib described the Supreme Court’s reasoning as “irrational”.

“The reasoning presented in the order itself is irrational, and off the topic. The only legal connection that they can show is Article 47 of the Judges Act. The thing is they are talking about the Judicial Council, which has been made void. How can they refer to something that has already been made void? The articles that the Supreme Court have pointed out in the order have nothing to do with the JSC,” Shuaib said.

Shuaib said that he does not accept the Supreme Court can adopt the duties of the Judicial Council after the council itself has been ruled void.

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