Judiciary Committee to review motion to dismiss Judge Faiz

Judicial Service Commission (JSC)'s motion to parliament to dismiss Criminal Court Judge Hussain Faiz Rashad has been forwarded for review by the Judiciary Committee. 

The JSC appealed to the parliament to dismiss Judge Faiz stating that it has been proven that he acted against the Constitution and laws in ruling on the remand of a person in police custody. 

The motion was announced in today's parliament sitting and forwarded to the Judiciary Committee for review. 

The letter sent from JSC to the parliament states that the commission investigated a case against Judge Faiz concerning his decision to release Ali Anwar Mohamed, who Police had accused of drug trafficking. 

JSC said that it is proven in line with the JSC Act that Judge Faiz had acted in violation of the Constitution and laws. In relation to the case, Judge Faiz was last month placed on the maximum-allowed period of suspension, 60 days.

Ali Anwar Mohamed, who was previously arrested for smuggling in 70kg of drugs of an Iranian boat, was arrested in a separate case last October. The Criminal Court placed him in remand in custody for five days. When presented in court at the end of the remand period, he was released unconditionally. 

Police sought to re-arrest Anwar under a new court order, but he fled to Sri Lanka. Working with Sri Lankan authorities, police detained and deported him, leading to his arrest upon return to Maldives.

Anwar was previously arrested in a joint operation conducted by Sri Lanka and Maldives Coast Guard in 2019. In this operation, 70kg of drugs were seized from two vessels. The two vessels involved were an Iranian boat, and a local fishing vessel named 'Hedheykuri-7'. Anwar also has past convictions for theft. 

Judge Faiz has also previously twice released from custody Haleemath Lamha, who is in remand until end of trial over the murder of IGMH nurse Mary Grace in 2021. 

In both instances, the State appealed the ruling at the High Court, which overturned the rulings. Lamha was released in early October as well. This, too, was overturned by the High Court following the State's appeal. 

Although the High Court ordered to reconsider Lamha's remand ruling, Judge Faiz stated that a ruling on Lamha's remand can be made only after an assessment is conducted to gauge any danger Lamha may pose to society. He said that despite an order to do so, the State had failed to conduct such an assessment.