The Judicial Service Commission (JSC) has decided that it cannot take action to overturn the Supreme Court’s verdict to remove a judge of the lower court from position.
Judge Mariyam Waheed was removed from her position by an order of the Supreme Court last week after her verdict on a case ordering the government to sign an agreement related to the operations of Vaavu atoll Bodu Mohora island. This marks the first instance of a higher court taking action against a judge over a verdict.
According to JSC’s decision regarding the case last Monday, the commission cannot take action against the Supreme Court’s decision as the top court’s verdict is final in the three levels of judiciary.
However, the Constitution states that taking action against judges falls under the liability of JSC. A judge may only be removed from post after two thirds of the parliament vote in favour of the commission’s proposal to do so.
Mihaaru understands that Mariyam Waheed has stopped attending the Civil Court for work after the top court’s decision to remove her powers as a judge. She had also worked as a judge in some magistrate courts in the past.
While some legal operatives claim that Mariyam Waheed is longer a judge based on the Supreme Court’s verdict, there are some who declare that she retains her position as the top court’s decision was in violation of the Constitution.