Tag: Abdulla Saeed

Supreme Court takes control of MDP’s Civil Court complaint on Faiz, Muthasim dismissal

The Supreme Court last night took control of a complaint lodged with the Civil Court regarding a judicial watchdog resolution recommending the removal of Chief Justice Ahmed Faiz and Supreme Court Judge Muthasim Adnan.

The opposition Maldivian Democratic Party (MDP) had filed the complaint with the Civil Court on Sunday morning, ahead of an extraordinary Majlis sitting to vote out Faiz and Adnan.

The first hearing was scheduled at 8:30pm, but the Supreme Court’s registrar Mariyam Sham’a Ismail sent a writ of prohibition at 8:40 pm ordering the Civil Court to halt proceedings on the case.

The writ ordered the Civil Court to “to hand over case files, with all relevant documents, to the Supreme Court before 20:45 tonight, 14 December 2014, and to immediately annul any action that may have been taken on the matter.”

MDP had requested the Civil Court to review the legality of the watchdog Judicial Services Commission’s (JSC) letter to the Majlis declaring the two judges guilty of misconduct and incompetence. The complaint also asked the court to issue an injunction against the Majlis vote.

However, a two-third majority of MPs voting removed the two judges before the Civil Court could examine the request for a stay order.

A lawyer who wished to remain anonymous questioned the legality of the writ of prohibition, claiming such an order could only be issued following a sitting of the Supreme Court bench led by the chief justice.

At the time of the writ’s issue, the position of chief justice was vacant. The Majlis only approved Supreme Court judge Abdulla Saeed to the position at an extraordinary vote at 9:30pm.

The apex court’s registrar cannot issue orders on the Civil Court in the absence of a chief justice, the lawyer claimed.

The Supreme Court also had a conflict of interest in the case as it asked for the review of a JSC ruling on the removal of two Supreme Court judges, the lawyer said. Further, Supreme Court Judge Adam Mohamed heads the JSC – the defendant in the case, leading to further conflict of interest, the lawyer said.

Faiz and Muthasim’s dismissal follow amendments to the Judicature Act reducing the seven-member Supreme Court bench to five judges. The revised law ordered the JSC to recommend two judges for dismissal within three days of its enactment.

Judicial independence

The Civil Court had on Saturday night condemned the move and said the Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the bench said.

However, the ruling Progressive Party of the Maldves (PPM) maintains the bench reduction would facilitate judicial reform and strengthen the judiciary.

Faiz and Muthasim often formed the dissenting opinions in several controversial cases including the decision to annul the first round of elections held in September 2013. Muthasim was the only judge with a background in common law on the bench.

Faiz has since called his dismissal unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he said.

The Human Rights Commission of the Maldives has also sent a letter to Speaker Abdulla Maseeh and Attorney General Mohamed Anil expressing concern over the sudden dismissal of Faiz and Muthasim

How the state acts in the case sets an important precedent in establishing public trust in the judiciary, the commission claimed.

President Yameen’s nephew Shaheen Hameed and two lawyers have also asked the High Court to annul the amendments to the Judicature Act.


Related to this story

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

MDP asks Civil Court to halt Majlis decision on judges’ removal

Majlis to vote on Chief Justice Faiz, Justice Muthasim dismissal on Sunday

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Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

President Abdulla Yameen has appointed Supreme Court Justice Abdulla Saeed as the Maldives’ new Chief Justice within an hour of Majlis unanimously approving him for the position.

Opposition Maldivian Democratic Party (MDP) MPs staged a walk out prior to the vote, accusing the ruling Progressive Party of the Maldives (PPM) of burying the country’s 2008 democratic constitution.

MDP MP Imthiyaz Fahmy described the PPM and its coalition partner Maldives Development Alliance (MDA) as “enemies of democracy bent on taking revenge on the people after having assumed power through brute force.”

Tonight’s extraordinary session at 9pm followed an extraordinary morning session during which a two-third majority of MPs voted out incumbent Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

Speaking to local media today, Faiz condemned the Majlis vote as unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he said.

Faiz and Muthasim were voted out after the Majlis amended the Judicature Act to reduce the seven-member Supreme Court bench to five judges.

The ruling coalition maintains the move will strengthen the judiciary and facilitate judicial reform.

Black day

Former President Mohamed Nasheed had appointed Faiz as the country’s first Chief Justice in 2010, days after he ordered the army to lock up the Supreme Court premises when the interim Supreme Court bench illegally declared themselves judges for life.

Faiz and Muthasim have formed the dissenting opinion in several controversial cases, including the decision to annul the first round of presidential polls in September 2010.

“Dismissal of a country’s Chief Justice against the constitution is no small matter,” Faiz told CNM today, adding “MPs are mandated to uphold democracy. But today there are doubts over how they perceive democracy.”

Faiz said he had decided not to speak in his defense prior to the vote due to conflict of interest and because he did not want politicians to benefit from any of his statements.

Muthasim was the only Supreme Court Judge with a background in common law.

New Chief Justice

Saeed, who served as the Chief Justice of the Maldives’ first interim Supreme Court from 2008 – 2010, was voted in with 55 votes.

Jumhooree Party (JP) MPs Gasim Ibrahim and Hussain Mohamed voted for Saeed despite having opposed Faiz and Adnan’s removal this afternoon. JP MPs Ali Hussein and Abdulla Riyaz, who had voted against the two judges’ dismissal, did not participate in the vote.

The watchdog Judicial Services Commission (JSC) had recommended that the two judges be dismissed for gross misconduct and incompetence on Thursday. But details of the ruling or evaluation criteria have not been made available to MPs or the public yet.

The seven member Civil Court last night declared the Judicature Act amendment unconstitutional and said it could “destroy judicial independence” in the Maldives.

PPM MP Riyaz Rasheed said Saeed’s appointment would strengthen the judiciary and facilitate judicial reform as MDP had advocated for.

He described Saeed as an educated and capable candidate with a master in Shari’ah and law. Saeed had also committed the Qur’an to memory, Riyaz claimed.

Supreme Court Justice Ali Hameed, implicated in a series of sex tapes, administered Saeed’s oath of office.

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MNSL appoints director to oversee closure of Singapore operations

Cabinet Secretary Abdulla Saeed has been appointed to manage the closure of the Maldives National Shipping Limited’s (MNSL) Singapore operations, according to media reports.

Haveeru reported that Saeed, who also serves as chairman of the Maldives National Oil Company (MNOC), will work as a director alongside a staff accountant in order to settle any outstanding debts and return company assets to Male’ ahead of the office being shut.

The decision to close the group’s Singapore office has reportedly been taken as the company’s cargo carriers were not operating in the country.

According to Haveeru, the former office head of the MNSL’s Singapore operations, Mohamed ‘MM’ Moosa Manik, had been offered the director post but had opted to leave the company instead.

Saeed is himself already based in Singapore, according to the report.

The MNSL operates as the Maldives’ flagship freight transportation group.

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