Former Prosecutor General Muhuthaz Muhusin has raised concerns over Judicial Service Commission's (JSC) recent announcement seeking chief judge for the High Court amid the government's transitional period.
JSC announced seeking the first appellate court's chief judge on Thursday, October 5. JSC's announcement for the post was made 10 months since the post remained vacant.
High Court's chief judge position became vacant on November 17, 2022 after the court's chief judge Hathif Hilmy retired.
High Court Judge Hussain Shaheed took responsibility as the interim chief judge following Hilmy's retirement.
Transitional period's judiciary committee, said that a new appointment for the vacant chief judge's post should proceed only after President-elect Dr. Mohamed Muizzu takes the oath of office on November 17.
"There was no chief judge all this time, so rushing to appoint one right now is not viable in my opinion. With the new government, new members will be appointed to JSC. A new attorney general will be appointed, and the independent commissions will undergo changes including the JSC if required," Muhuthaz said.
The current structure of JSC includes both the Attorney General and the President of the Civil Service Commission (CSC).
Muhuthaz further argued that it was against the legal principles of the Judicial Service Commission (JSC) to appoint a new judge amid the transitional period.
"The responsibility to hire a new judge for the High Court should be given to the JSC of the new government. It will raise questions when this is rushed amid the transitional period," he added.
Besides seeking a High Court chief judge, JSC had announced seeking a judge for the Civil Court as well.
Regarding JSC seeking a new hire for the Civil Court, Muhuthaz had no issues as he reasoned it was due to the untimely demise of the court's chief judge Ahmed Nimal Junaid.
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