Several lawyers have accused that the Judicial Service Commission (JSC)'s decision to suspend three Supreme Court Justices yesterday was made by referring to a fabricated case by the Anti Corruption Commission (ACC).
The three suspended judges are Justice Husnu Suood, Justice Mahaz Ali Zahir and Justice Dr. Azmiralda Zahir. All three were suspended while the Supreme Court is hearing a case against a constitutional amendment, which was passed by the parliament and ratified by the president within 24 hours.
The amendment in question states that MPs who change their parties, are removed from their parties or join a party after being elected as an independent candidate would lose their seats.
The judges were suspended about only 15 minutes before the hearing was set to begin.
Lawyer and former Kendhoo MP Ali Hussain, who filed the case in the Supreme Court, said the Anti-Corruption Commission (ACC) no one was unaware of any case against the judges until yesterday, and accused that a case was fabricated to suspend the judges and interfere with the case.
He said no one was aware that there was a case against the Supreme Court Justices at ACC when they went to the hearing. However, news of the suspension of the judges suddenly surfaced in the media, he said.
“We clearly know that this case was created by the Anti-Corruption Commission,” Ali Hussain said.
According to the JSC the judges were suspended claiming ACC shared documents with commission claiming there was an active criminal investigation against the three judges.
Ali Hussain said the ACC as well as the JSC conitnue creating cases against judges to remove them from office. He said he could not think of any other way for the government to influence the judiciary more than this.
Hussain went on to say that the law was amended to reduce the number of judges and start hearing cases related to judges to directly influence the constitutional issue in the Supreme Court. He said it was because of this that he asked for an order against influencing any judge in connection with the case.
However, the Supreme Court judges had not issued the order until now because they are were not under political influence, he said.
Mahfooz Saeed, who represents Ali Hussain in the constitutional case, said the judges were suspended in violation of the JSC Act. According to him, the law does not allow judges to be suspended immediately after a case is submitted to the commission.
Mahfooz pointed out that as the law stands, a judge should be suspended based on the nature of the case, the evidence presented, the potential impediment to the investigation of the case if the judge continues to work and the basis of maintaining the credibility of the judiciary.
However, the suspension of the Supreme Court judges did not take into account these factors and especially the basis of maintaining the confidence of the sector, Mahfooz said.
He also claimed that the government is trying to undermine the power of the Supreme Court through the JSC and prevent the court from hearing cases which hold the biggest interest of the public. The government's actions have destroyed the foundations of the state, he said.
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