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Disciplinary steps cannot be taken against Judges: SC

Raif Amyl Jalyl
18 June 2019, MVT 21:05
Supreme Court Judges at a reception. PHOTO: MIHAARU
Raif Amyl Jalyl
18 June 2019, MVT 21:05

Supreme Court issued an order on Tuesday, stating that no disciplinary measures can be taken against a judge, in relation to the merits of their ruling.

The order was issued in response to the parliament declaring the unconstitutionality of the top court's order nullifying any action in contravention of its stay order on the suspension of Judge Didi.

The court order stated that, as per the constitution, the Supreme Court is deemed the highest authority of the judiciary and that no institution or individual could interfere with or influence the court's functioning.

Therefore, the court asserted that no judge could be held accountable over their rulings and opinions outside of appeal regulations or disciplinary issues detailed in the Judicature Act's code of conduct.

The apex court's order also stated that, under the terms of the Judicature Act, no authority could overrule the Supreme Court's jurisdiction to amend and nullify its own decisions.

Judicial Service Commission (JSC) decided to suspend Judge Didi on June 12 over an ongoing Police investigation. However, the Supreme Court issued a stay order on the suspension the following day. JSC has officially refused to accept the stay order and maintained that Judge Didi's suspension remained in effect.

The Parliament's Judiciary Committee concluded that JSC's suspension of Judge Didi was constitutional and submitted a report on the matter to the Parliament which was subsequently approved through a unanimous vote.

Furthermore, an amendment to the report stated that the apex court's order to nullify actions taken against the stay order on Judge Didi's suspension was issued in clear violation of the constitution,

The amendment further called on the apex court to refrain from any action that violates the constitution or encroach on the parliament's authority and constitutional mandate.

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