The Judicial Service Commission (JSC) has appointed Judge Mohamed Naeem – who is currently a Civil Court Judge – to the Juvenile Court to punish him for disobeying the decision of a superior court.
The decision to transfer Naeem to the Juvenile Court was made during a meeting of the JSC held last Thursday, the commission said in a statement.
‘’The commission decided to do so as an action taken against Judge Mohamed Naeem for he has refused to conduct trials of cases concerning the state before the parliament gives consent to the [then] Attorney General [Dr Ahmed Ali Sawad],’’ reads the statement.
The JSC said that the case was investigated by the sub-committee formed to recommend disciplinary measures against judges.
Last Monday, the JSC announced that it had formed a subcommittee to investigate complaints about judges, indicating that its first subject was Civil Court Judge Naeem. This is the first case against a judge the JSC has conducted in more than a year.
The investigation of Naeem came after he reportedly declaring during the first hearing of a case filed against the state that he would not hear cases involving the state before parliament approved the reappointment of former Attorney General Dr Ahmed Ali Sawad.
Naeem’s decision was in defiance of precedent set by both a majority of Civil Court judges as well as the High Court, which had ruled that such cases could be heard before the AG received parliamentary consent.
The very same day parliament rejected for a second time Dr Sawad’s reappointment.
According to the JSC, the committee – which includes JSC Chair and Supreme Court Justice Adam Mohamed Abdulla, Judge Abdulla Didi and General Public Member Shuaib Abdurahman – was established under the Judges Act and that its first scheduled task was selected by a vote taken among its members.