"Suspending three Supreme Court judges is locking up the court. Even if a state of emergency is declared tomorrow, the rights of the people will be lost. The power of the Constitution has gone," Ismail wrote.
Former MP Ibrahim Ismail (Ibra) has filed a petition in the High Court to ensure the continued operation of the Supreme Court, arguing that the suspension of three judges has effectively placed the court under "lock and key."
"Suspending three Supreme Court judges is locking up the court. Even if a state of emergency is declared tomorrow, the rights of the people will be lost. The power of the Constitution has gone," Ismail wrote.
Ismail, who chaired the committee that drafted the current Constitution, filed the case after the Supreme Court suspended three of its judges while hearing a petition challenging the recent constitutional amendment that removes MPs from their seats if they change political parties, are expelled, or if an independent MP joins a party.
The suspension was imposed on Supreme Court judges; Husnu Su'ood, Dr Azmiralda Zahir, and Mahaz Ali Zahir.
"Political issues has to be be resolved in the political sphere. Not by abolishing the Constitution and the judiciary," Ismail wrote.
Meanwhile, Parliament has passed an amendment to the Judicature Act to reduce the Supreme Court bench from seven to five judges. The Judicial Service Commission (JSC) is required to submit the names of the judges to be removed within seven days of the bill’s passage.
The amendment has faced criticism, with Parliament’s Counsel General Fathimath Filza calling it unconstitutional. The Bar Council and other legal professionals have also raised concerns over its legality.
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