Committee decides to send Judge Faiz's removal to parliament floor

The Judiciary Committee of the People's Majlis (Parliament) has decided to forward the matter of removing Criminal Court Judge Hussain Faiz Rashad from office, after confirming he acted in violation of the Constitution and laws when determining the remand of a suspect held in police custody.

The Judicial Service Commission (JSC) sent the case to the Parliament recommending Faiz's removal. After reviewing the case, the Committee today concluded that the JSC's decision to recommend removal was made in accordance with proper procedures.

The law mandates Parliament to review the procedural aspects of the JSC's decisions.

Consequently, the Judiciary Committee today voted to send the matter of Judge Faiz's removal to the Parliament floor for a vote. As the final session of the current parliamentary term is scheduled for tomorrow, it is expected that the vote on Judge Faiz's removal will take place during that session.

According to a letter sent by the Judicial Service Commission (JSC) to the Parliament, an investigation into Judge Faiz's conduct was conducted regarding his decision to release Ali Anwar Mohamed, a suspect with strong ties to drug trafficking in the Maldives. The JSC found that Judge Faiz violated the Constitution and laws, leading to his suspension for the maximum period of 60 days permitted for a judge's suspension under the JSC Act. Ali Anwar Mohamed, previously arrested for trafficking 70 kilograms of narcotics on an Iranian ship, faced arrest again last October related to a different drug case. The Criminal Court initially placed him under a five-day remand.

However, upon his court appearance on October 18 after the expiration of the remand, Judge Faiz controversially ordered his release without any conditions.

Subsequently, when the police aimed to arrest Ali Anwar under a separate warrant, he had already fled to Sri Lanka. The police collaborated with Sri Lankan authorities to deport him, successfully arresting him upon his return to the Maldives. Judge Faiz's history of controversial releases includes the case of Lamha, who is awaiting trial for the murder of the IGMH nurse Mary Grace in 2021. Judge Faiz released Lamha twice, leading to state appeals that were upheld by the High Court, which nullified those releases.

Most recently, Lamha was again released by Judge Faiz in early October, prompting another appeal from the State. Throughout these proceedings, Judge Faiz maintained that decisions on Lamha's remand should depend on a risk assessment of her threat to society, claiming the State had failed to conduct the necessary assessment despite his directive. This situation highlights significant concerns over judicial decisions impacting public safety and the legal framework governing judges' conduct in the Maldives.