Tag: judicial service commission

JSC lifts suspension of magistrate for Villingili, Gaaf Alif Atoll

The Judicial Service Commission (JSC) has lifted its indefinite suspension of the magistrate of Villingili Court in Gaaf Alif Atoll, almost four years since his suspension over alleged corruption.

According to local media, Magistrate Hassan Najeeb was indefinitely suspended in November 2009 after he was prosecuted for embezzlement of state funds.

Najeeb had allegedly approved payments for a set of bills submitted by three people for ferry trips between Villingili Island and Dhevvadhoo Island, which later turned out to be fake.

The JSC claimed on Sunday that the suspension was lifted after the High Court upheld the not-guilty verdict issued by the Criminal Court. It also claimed that the Prosecutor General had decided not to appeal the High Court decision in the Supreme Court.

Suspended judges

Currently, Chief Judge of the High Court Ahmed Shareef and Criminal Court Judge Abdul Baari Yusuf are serving indefinite suspensions issued by the state’s judicial watchdog.

Chief Judge Shareef was indefinitely suspended over a complaint filed against him a year ago. The suspension coincided with the Chief Judge’s decision to temporarily suspend the appeal case of former President Mohamed Nasheed – who is currently campaigning for re-election as the opposition Maldivian Democratic Party (MDP)’s presidential candidate.

JSC Chair and Supreme Court Justice Adam Mohamed in a press conference held to announce that decision claimed the suspension was a “precautionary” measure while investigation of the complaint was proceeding.

“There are no legal grounds to stop looking into a complaint submitted [to the commission] or halt proceedings,” he said at the time.

The Chief Judge’s legal team subsequently challenged the JSC’s decision in the Civil Court, claiming that the decision contrasted with existing laws and had undermined the independence that a judge required in executing his legal duties.

Chief Judge Shareef’s lawyer Husnu Al Suood – who is currently the President of Maldives Bar Association and a former Attorney General – also pleaded the court to issue an injunction halting his suspension.

The Civil Court gave the injunction on July 11, ordering the JSC not to take any action against the suspended Chief Judge until it decided on the legality of his suspension.

Criminal Court Judge Abdul Baari Yusuf was meanwhile suspended by the JSC in February following a case filed by a female lawyer from the Prosecutor General’s (PG) office, who alleged Baari Yoosuf had sexually assaulted her.

More recently, the JSC decided not to suspend Supreme Court Justice Ali Hameed, who is currently under both police and JSC investigation following the circulation of sex videos apparently depicting the judge fornicating with unidentified foreign women.

Four members of the JSC voted in support of a motion to not suspend the Supreme Court Justice, due to “lack of evidence”.

Then JSC members including Gasim Ibrahim – the presidential candidate of the Jumhoree Party (JP) – and Attorney General Azima Shukoor raised doubts over the accuracy of the claims, in which Gasim contended that the sex-tape was “fake” while Shukoor maintained the case “needed more details”.

Following the inconsistencies within the JSC, commission member Shuaib Abdul Rahmaan alleged the JSC was discriminating between lower court judges and higher court judges and blasted the commission’s lack of consistency.

The country’s judiciary is currently being subjected to questions over its lack of impartiality and failure to deliver justice. A substantial amount of criticism is being levied against the JSC, which is mandated to oversee the functioning of the judiciary.

Several international experts and organisations including the International Commission of Jurists (ICJ) have expressed concern over the state of the judiciary and the JSC.

In February 2011, the ICJ claimed that the Maldives legal system is failing to serve its citizens despite many “positive developments” that have been made in an effort to de-politicise the courts, with many judges found to be lacking qualifications and independence.

Former director of the ICJ’s Asia Pacific operation’s Roger Normand at the time said he did not believe that the Maldives had an “independent judiciary capable of resolving problems”.

A similar report by Professor Paul H Robinson observed that “persons with little or no legal training can hardly be expected to know how to conduct a fair and effective trial.”

“Serious efforts must be made to provide substantial training to current judges in order to insure that all have the background they need in both law and Sharia. Perhaps more importantly, no judge should be hired who does not already have the needed training,” he wrote.

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Former Attorney General and Gender Minister appointed to Judicial Service Commission

Attorney General Aishath Azima Shakoor was appointed to the Judicial Service Commission (JSC) yesterday (July 2) by President Mohamed Waheed Hassan Manik, reports local media.

The JSC appointment was made hours after parliament rejected Shakoor’s appointment as Minister of Gender, Family, and Human Rights, according to local media.

Shakoor was reappointed to the post of Attorney General Monday (July 1), a post she previously held before serving as acting Gender Minister.

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Spy camera footage appears to show Supreme Court Justice discussing politicisation of judiciary, Feb 7

A spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary has surfaced on social media networks.

Local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

Both men speak in the Addu dialect of the local Dhivehi language. Due to noise from a television near the camera, much of the conversation is unclear.

The individual believed to be Justice Hameed appears frustrated over political manipulation of the judiciary.

He claims feuds between politicians were being settled through the court even though these did not involve the law or any legal issues.

He names politicians including Abdulla Yameen, the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom, as well as the running mate of incumbent President Dr Mohamed Waheed Hassan, Ahmed Thasmeen Ali – also the leader of the Dhivehi Rayyithunge Party (DRP).

In the video, one of the men claims that he had heard plans of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed says, “If it comes into my hands, I will kill him off.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds (01:49, unclear).

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” he is heard saying earlier.

Referring to an unidentified group of people, he says if “they have a balanced thinking, then we will do things in a balanced way”, and asks the other individual, believed to be Saeed, if this would upset anybody.

Saeed questioned

Following the release of the video, Mohamed Saeed was twice summoned to the police for questioning, but details of the case or the topic of questioning have yet to be revealed.

However, Saeed’s lawyer Noorban Fahmy told media that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

Following the release of the camera footage, opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy – newly reunited with the party after a stint in the Jumhoree Party (JP) – alleged police had attempted to coerce one of his constituents in Feydhoo to confessing that Fahmy had made the video.

During a party rally in the Maafanu ward of Male’ on Saturday, Fahmy called for action against the judge regardless of the origin of the footage.

“I want to say is that we don’t need to see who made the film and who shot the film. The judge who has behaved indecently must be brought to justice. I want to say that judges who lose all their dignity through adultery and indecent behavior cannot remain as judges at courts,” he alleged.

“The video has come to our attention”: JSC

Judicial Service Commission (JSC) Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyse the video and then decide whether the case was one the commission should investigate.

The leaked footage follows leaked photos of Supreme Justice Ali Hameed in a hotel room with a woman that began circulating on social media in March this year.

According to the Supreme Court website, Hameed graduated in 1991 and was awarded a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, Saudi Arabia.

In addition, the website claimed that he was awarded a fellowship from the Commonwealth Judicial Education Institute, Canada.

Gross misconduct within judiciary: lawyers

In June, former Attorney General Husnu Al Suood alleged to local media that Yameen and Deputy Speaker of Parliament Ahmed Nazim, along with retired Supreme Court Judge Mujthaz Fahmy, had long been in the business of influencing judges and their verdicts.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy ,” Suood alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the Judicial Service Commission (JSC), and said several judges had confided to him that Yameen had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Despite claiming to have strong evidence to support his allegations, Suood admitted that it would be extremely difficult for the authorities to take action against the three individuals.

Suood further contended that the JSC had been taken over by “dark powers”, and that it was fully under the control of certain political figures.

All three individuals accused by Suood dismissed the allegations in local media, with Yameen describing them as an “outright lie”, and expressing frustration claiming that it had become common for people to make erroneous and slanderous remarks against political figures.

“This would not have happened if defamation had been kept as a criminal offence. All this is happening because defamation has now been changed to a civil wrong,” the presidential candidate said at the time.

Tip of the iceberg?

Supreme Court misconduct has also previously been alleged by former Human Rights Minister and Attorney General Dhiyana Saeed, who claimed a Supreme Court judge requested she file a case against former President Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

Dhiyana in her claim did not mention the name of the judge. However, she said at the time that a judge on the Supreme Court bench had told her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on the cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s controversial resignation on February 7, 2012.

Among the suggestions allegedly made by the judge included a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy ahead of the 2008 presidential elections.

Saeed also alleged that this judge was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale’ Magistrate Court.

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MDP expresses concern with President Waheed’s appointee to JSC

The Maldivian Democratic Party (MDP) has expressed concern over President Dr Mohamed Waheed’s appointment yesterday of former Department of Judicial Administration (DJA) Spokesperson Latheefa Gasim to the Judicial Service Commission (JSC), alleging the appointee had ties with the Jumhoree Party (JP).

In a press release yesterday (June 24), the party characterised Latheefa Gasim’s appointment as an attempt to “increase the political and other forms of influence of a particular group and promote their self-interest” through the judicial oversight commission.

“Latheefa Gasim is the wife of Mohamed Ikram, who is employed by Jumhoree Party presidential candidate Gasim Ibrahim as the head of V-media’s political department and a presenter of VTV, who campaigns for Gasim Ibrahim,” the party said, adding that Ikram was also a member of business magnate Gasim’s JP.

JP Leader Gasim Ibrahim is the parliament’s representative on the 10-member JSC, which consists of three judges from the three tiers of the judiciary (trial courts, High Court and Supreme Court); a representative of the President, the Attorney General, the chair of the Civil Service Commission; the Speaker of Parliament, a member of parliament elected by the People’s Majlis, a member of the public selected by parliament; and a lawyer elected by licensed practitioners in the Maldives.

Gasim, the JP MP for Alif Dhaal Maamigili, is the chairman of the Villa Group of businesses, which owns resorts, tour operators, a cement packing factory, a gas provider, an airline and several retail outlets.

The MDP alleged in its statement that Gasim has been “working ceaselessly” through the JSC to bar former President Nasheed from the upcoming presidential election on September 7, adding that the rival candidate has made public remarks to that effect.

Latheefa Gasim’s appointment to the commission has secured “two seats for the Jumhooree Party presidential candidate,” the press release continued, which has afforded the JP leader “further opportunities to advance his political and personal interests and exert extreme influence on the JSC.”

The press release also noted that Latheefa Gasim had made several statements to the media concerning MDP presidential candidate and former President Mohamed Nasheed’s trial at the Hulhumale’ Magistrate Court.

The former DJA spokesperson was not responding to Minivan News at time of press.

Latheef Gasim’s appointment yesterday followed the removal of Mohamed ‘Reynis’ Saleem by President Waheed last week ostensibly over allegations that the lawyer commissioned gangs to retrieve money owed to him.

The President’s appointee on the JSC was summoned to the police for questioning over the allegations in May.

The Criminal Court meanwhile refused to grant police an arrest warrant to take Saleem into custody, a decision which was backed upon appeal by the High Court.

Saleem was the defence counsel of Deputy Speaker of Parliament Ahmed Nazim in criminal cases involving an alleged scam to defraud the now-defunct Ministry of Atolls Development.

The cases were dismissed by the Criminal Court shortly after the controversial transfer of presidential power on February 7, 2012.

Meanwhile, in her report to the United Nations Human Rights Council following a visit to the Maldives, UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul observed that the JSC had a “complicated” relationship with the judiciary, given that the commission “considers that it has exclusive jurisdiction over all complaints against judges, including over criminal allegations, while the Prosecutor General understands that the criminal investigation agencies have the competence to investigate criminal conducts by anyone.”

The special rapporteur stated that there was near unanimous consensus during her visit that the composition of the JSC – which includes representatives from all three branches of government instead of exclusively the judiciary as was the norm in other nations – was “inadequate and politicised”.

This complaint was first highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” Knaul observed.

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High Court Chief Judge files lawsuit against JSC for second time

High Court Chief Judge Ahmed Shareef has filed a lawsuit at the Civil Court for a second time against the Judicial Services Commission (JSC), challenging his indefinite suspension by the judicial watchdog.

Shareef’s lawyer Husnu Suood – a former Attorney General under the administration of former President Mohamed Nasheed – told local media that the second case was filed this week with the same request to issue an injunction halting Shareef’s suspension.

On Monday (June 17), the previous case submitted by Shareef was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for that day and failed to provide the court with a valid reason for his absence.

Speaking to Minivan News today, Husnu Suood said that Shareef’s lawyers were unable to attend the hearing scheduled due to a mistake made by his office staff.

“We filed the same lawsuit the same day the [first] case was dismissed,” he said.

Suood said that lawyers would argue that the JSC did not follow due process in suspending Shareef.

“They have a procedure of establishing a committee to investigate cases and then the committee will recommend the action to be taken after investigating the case,” he explained.

“We don’t know if Shareef’s case was tabled or not,” he added.

Suood also referred to the issue of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan’s contested legal status and his attendance at the JSC meeting where the decision to suspend Shareef was made.

Suood questioned the legitimacy of a decision made in a meeting held with an “illegitimate” member.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

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CSC Chair Fahmy will not resign from post “out of fear”

Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan has said he will only resign from his post when the time is right and not as a result of intimidation or fear, dismissing a parliamentary no-confidence vote passed against him last year.

Speaking in local media this week, the CSC chair contended that he remained in his post legally with the backing of President Dr Mohamed Waheed.

Parliament voted to dismiss Fahmy from his CSC post in November 2012 in a no-confidence vote following an inquiry by the Independent Institutions Committee into allegations he sexually harassed a CSC employee.

Both Fahmy and the alleged victim were summoned to the committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, before asking her to take his hand and stand in front of him so that others in the office could not see, and caressed her stomach. He was than accused of saying, “It won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

However, in March this year, the Supreme Court ruled that parliament’s decision to remove him from the CSC was unconstitutional.

The Supreme Court declared by a 6-1 majority that Fahmy would receive two punishments for the same crime if he was convicted in court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

In an interview to local media outlet Channel News Maldives (CNM) today, Fahmy referred to the Supreme Court decision that overruled his parliamentary impeachment, saying it was everyone’s responsibility to uphold Court rulings.

“Everyone will have to uphold the rule of law and the decisions made by the courts of law. Whether it is the president or me or anybody, it has to be that way,” he was quoted as saying.

Fahmy also said that President Dr Mohamed Waheed Hassan himself has shown his support for him remaining as the CSC Chair by asking him to make a decision on his own capacity.

Fahmy had previously stated that he would only make a decision on whether to continue being part of CSC after President Waheed made a decision on the issue, noting that it was the president who had given him the letter of appointment.

President Waheed speaking on the issue to local media previously said it was “very complicated” for him to make a decision about Fahmy and suggested that it “would be best” for Fahmy to decide on his own.

Waheed said that two state powers, the legislature and the judiciary were in dispute over the matter and at such a complicated time, “Even individuals must help in resolving conflicts peacefully”.

“Always doing something that puts the President or the government in a trap is not a very good thing. I think the best thing to do at this time is let Fahmy take the initiative and decide on the matter. That is my position,” he said.

However, both former Attorney General Azima Shukoor and her successor Aishath Bisham have told media that President Waheed was advised against reinstating Fahmy in the post.

Both attorneys general argued that despite the Supreme Court ruling that Fahmy’s removal by parliament was unconstitutional, the apex court had not ordered his reinstatement.

Speaker’s warnings

Meanwhile, Speaker of Parliament Abdulla Shahid sent out a strong warning to Chair of Judicial Service Commission (JSC) Adam Mohamed informing the Supreme Court Justice that he would boycott the commission’s meetings should Fahmy continue to attend meetings of the judicial oversight commission.

Shahid’s warning came shortly after Attorney General Aishath Bisham conceded during a meeting with Parliament’s Executive Oversight Committee (EOC) that any JSC meetings with Fahmy present would not be legally valid.

In response to a question by the committee chair, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated.

In a letter sent at the time, Speaker of Parliament Shahid – who is an ex-officio member of JSC – stressed that even though the chair of CSC is also by virtue of his position a member of JSC, Fahmy cannot sit on commission because he had been dismissed from his position by parliament.

He added the parliament had informed President Waheed about its decision.

“In that letter, when the parliament came to the decision [to remove Fahmy], then-Attorney General Aishath Azima Shukoor and current Attorney General Aishath Bisham stated that Mohamed Fahmy Hassan could not sit in JSC as the President of CSC as that position had become vacant with the parliament’s decision.”

“The Attorney General Aishath Bisham had also said that JSC meetings attended by Fahmy cannot be deemed legal, during the 46th committee meeting of parliament’s executive oversight committee on June 4, 2013,” Shahid wrote.

Therefore, Shahid said he would not take part in any meetings attended by Fahmy.

The parliament has meanwhile invited interested candidates to apply for the “vacant” position of CSC President.

President Waheed however maintained that, prior to any appointments to the commission, the parliament should discuss the matter with the Supreme Court to avoid any further conflict.

Fahmy was not responding to calls from Minivan News at time of press.

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President Waheed removes ‘Reynis’ Saleem from JSC

The government has today dismissed Mohamed ‘Reynis’ Saleem from his role as the president’s member to the Judicial Service Commission (JSC) over allegations he commissioned gangs to retrieve money owed to him.

An official from JSC –  the judicial watchdog institution – confirmed receiving a letter from President’s Office informing the commission of Saleem’s removal from the oversight body.

In May, Saleem was summoned to the police for questioning over allegations he had used gangs. Police have now concluded the investigation and sent Saleem’s case to the Prosecutor General’s Office for prosecution.

Newspaper Haveeru reported last week that attempts made by police to arrest Saleem stalled after the Criminal Court refused to grant an arrest warrant.

An appeal by the police following the denial also failed after the High Court backed the Criminal Court’s decision to deny the arrest warrant.

Saleem has meanwhile denied allegations of wrongdoing, claiming in local media that he had not resorted to illegal means in retrieving money owed to him.

A police media official told Minivan News that no further details could be provided on the case at present as investigations were ongoing.

According to local media, the President’s Office stated that the decision to remove Saleem from the JSC had been prompted by the potential criminal prosecution expected to follow as a result of the police investigation.

Saleem was appointed to the JSC after President Mohamed Waheed took office in February 2012 following former President Mohamed Nasheed’s controversial resignation amidst a violent mutiny by elements of the police and military.

Apart from the President’s appointee to the JSC, the commission is comprised of the Attorney General, the Speaker of Parliament, a representative from the Parliament, a representative from the High Court, a representative from the Supreme Court, a representative from the lower courts, Chair of Civil Service Commission, a representative from the public appointed by parliament and a representative from registered lawyers in the country.

Saleem has also been accused of having close ties with aides of former President Maumoon Abdul Gayoom and his family.

Saleem was also the defence counsel of Deputy Speaker of Parliament Ahmed Nazim – a member of Gayoom’s Progressive Party of Maldives (PPM) – in criminal cases concerning an alleged scam to defraud the now-defunct Ministry of Atolls Development.

Earlier this week, the High Court concluded hearing witness statements in the state’s appeal of a Criminal Court decision to acquit Nazim on charges of corruption.

Nazim stands accused of receiving more than US$400,000 through fraudulent transactions made by a company he was found to own.

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Civil Court dismisses case submitted by High Court chief judge against the JSC

The Civil Court has today dismissed a case submitted by Chief Judge of the High Court Ahmed Shareef to overturn his indefinite suspension by the Judicial Service Commission (JSC).

The case was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for today, while also failing to provide any reasonable grounds for his absence.

The Civil Court said that the hearing was scheduled for 1:00pm.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Mohamed Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted at a press conference later that day that the disciplinary action had no relation to the former president’s case.

The JSC then announced it had appointed Judge Abdul Rauoof Ibrahim as acting Chief Judge of High Court until the conclusion of its inquiry into complaints filed against the suspended chief judge.

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Civil Court issues injunction blocking JSC from further action against Chief High Court Judge

The Civil Court has issued a temporary injunction ordering its own watchdog body, the Judicial Service Commission (JSC), not to take any further action against Chief Judge of High Court Ahmed Shareef until it rules on a case concerning his suspension.

The new injunction issued by the Civil Court orders the JSC not to take any action against Chief Judge Shareef that would undermine his rights. The order will take effect until proceedings in the case filed by Chief Judge Shareef conclude.

Chief Judge Shareef’s lawyers originally requested the Civil Court invalidate JSC’s suspension but the court there was no reason to issue such an injunction.

In May the JSC ‘indefinitely suspended’ the Chief Judge over a complaint filed against the judge last year.

During a press conference held by the commission to announce its decision, JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted that the disciplinary action had no relation to the ongoing High Court case filed by former President Mohamed Nasheed contesting the legitimacy of the Hulhumale’ Magistrate Court bench, appointed by the JSC.

According to Justice Adam Mohamed, the suspension was a “precautionary” measure while investigation of the complaint was proceeding.

“There are no legal grounds to stop looking into a complaint submitted [to the commission] or halt proceedings,” he said.

Shortly after the suspension, attorneys representing the High Court Chief Judge led by former Attorney General and President of Maldives Bar Association Husnu Al Suood filed a lawsuit at the Civil Court challenging the suspension.

Suood said Chief Judge Shareef had been suspended in contradiction of existing laws, and the decision undermined the independence a judge requires in executing his legal duties.

He said the Chief Judge’s team of counsels will plead in court that the decision by the JSC was an attempt to unduly exercise influence over judges. He also added that once the case is registered at the Civil Court, a request will be made at the Supreme Court to take over the case, as has been the previous practice.

“That is not a small thing when you get a suspension after one year. Suspending a country’s Chief High Court Judge  is not a small thing,” Suood told local media.

He also said the JSC’s passing a motion to suspend the judge with a vote of just three members – two of whom represented the executive – led to presumption that the vote had been influenced.

According to local media reports, the call for an indefinite suspension of the Chief Judge was proposed to the JSC by the incumbent Attorney General Aishath Bisham – who is yet to receive parliament’s consent following her appointment – and was passed by the vote of three members out of the 10-member commission.

“There is reason to believe this decision had political motives behind it,” Suood claimed at the time.

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