Parliament removes Criminal Court Judge Hussain Faiz

Parliament today voted to remove Criminal Court Judge Hussain Faiz Rashad after he was found to have acted in violation of the Constitution and laws in issuing a ruling related to the remand of a suspect in police custody.

The Judicial Service Commission (JSC) appealed to the Parliament that its inquiry into the matter had been completed and the committee yesterday decided that Judge Faiz’s dismissal was in accordance with due procedure.

Parliament put the matter for a vote today, where 56 members voted in favor of his removal and eight voted against.

According to the letter submitted by the JSC, the Commission investigated Judge Faiz’s decision to release Ali Anwar Mohamed, a suspect accused by police of drug trafficking. The JSC concluded that Judge Faiz had acted in contravention of the Constitution and relevant laws, and last month placed him on the maximum 60-day suspension permitted under the JSC Act.

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.