High Court rules it can consider case regarding JSC Act prohibiting appeal of dismissal of judges

High Court has ruled that it can accept the constitutional case submitted concerning the article in the Judicial Services Commission (JSC) Act that takes away the right to appeal in the cases of dismissals of judges by JSC.

As per an amendment brought to the JSC Act in 2019, although the judges' panel has the right to review appeal cases against JSC decisions, decisions to dismiss judges are exempt from review by either the panel or any court.

Former Civil Court Judge and current Magistrate Ali Naseer submitted a constitutional case to High Court appealing for the revocation of this article. Naseer had been demoted to magistrate while he had been serving as a Civil Court Judge.

The State raised a procedural point stating that this case claiming the article contravenes the Constitution is against the principle of the separation of powers, and hence cannot be heard by any judges.

However, High Court ruled today that the case relates to taking administrative action justly and stated that the court retains the right to hear such a case as per the Constitution. The ruling said that if such cases were considered unable to be heard by Judges, then there would ultimately be no entity to hear such cases, resulting in rights being infringed upon.

The Court further noted that constitutional cases always concerned the rights of many, and as such, all such cases would have Judges' interests involved in their capacities as individual citizens.

The Court said that the entire case does not concern Judges' rights, and hence ruled that the court can preside over the case, and instructed the State to submit their response.

The High Court bench presiding over the case consists of Judge Fathimath Faruheeza, Chief Judge Hussain Shaheed, Judge Mohamed Faisal, Judge Hussain Mazeed and Judge Huzaifa Mohamed, with Judge Faruheeza presiding.