The Civil Court yesterday ordered Judicial Service Commission (JSC) to take no action against Chief Judge of the Criminal Court Abdulla Mohamed, until the court reached a verdict in the case filed against him.
Abdulla Mohamed filed the suit against the JSC after it complete a report into misconduct allegations against the cheif judge. According to the report, which the JSC has not yet publicly released, Abdulla Mohamed violated the Judge’s Code of Conduct by making a politically biased statement in an interview he gave to private broadcaster DhiTV.
Following the JSC’s decision to take action against Abdulla Mohamed, he filed a case against the JSC in the Civil Court requesting that it invalidate JSC’s report, claiming that DhiTV took his statement out of context.
In the Civil Court’s order, Judge Maryam Nihayath said that if the JSC took any further action against Abdulla Mohamed while the case was in court, it might disrupt the case and Abdulla Mohamed would suffer irreparable damages.
Last week the Judicial Services Commission (JSC) completed its investigation into the alleged misconduct of Abdulla Mohamed.
The case against was presented to the JSC in January 2010 by former President’s member of the JSC, Aishath Velezinee.
According to local media, during the first hearing of the suit filed by Abdulla was conducted yesterday Abdulla Mohamed’s lawyer MP Ibrahim Riza claimed that DhiTV editor Midhath Adam and journalist Hidhayathulla’s statement had been taken by the JSC as testimonials to prove Abdulla’s misconduct.
Riza claimed that both Midhath and Hidhayathullah had since told JSC that broadcasted Abdulla’s statement out of context.
He said that at the time the alleged incident occurred the Judges Act was not passed, and thus the JSC could not take any action against Abdulla Mohamed.
In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he requested that an underage victim of sexual abuse reenact her abuse for the court.
In 2009 following the election of the current government, those documents were sent to the JSC.
Velezinee told Minivan News last week that this was the first time the JSC had ever completed an investigation into a judge’s misconduct.
“There are many allegations against Abdulla Mohamed, but one is enough,” she said.
“If the JSC decides, all investigation reports, documents and oral statements will be submitted to parliament, which can then decide to remove him with a simple two-thirds majority.”