Dozens of lawyers signed a petition submitted to the Parliament protesting an amendment aiming to downsize the Supreme Court bench from seven to five, removing two sitting Justices.
A total of 62 attorneys signed the petition against the bill proposed by Holhudhoo MP Abdul Sattar Mohamed. In the petition, the lawyers argued that the bill encroaches on the protection guaranteed to judges by the constitution. The letter also highlighted that influencing the work of Judges is prohibited by the constitution.
The amendment requires the Judicial Service Commission (JSC) to declare two judges unfit for office because the amendment requires the removal of two of the current seven judges of the Supreme Court.
According to the Constitution, a judge cannot be removed from office as long as they do not deviate from the code of conduct and rules that judges must follow. The JSC cannot remove a judge unless a disciplinary case is proven and a two-thirds vote of the members of parliament is obtained.
The lawyers' petition said the bill does not include any details such as what factors will be considered in determining whether judges are unfit for duty and whether each judge's cases will be examined separately.
With the support of the government, this proposed change to the Supreme Court bench comes amidst an ongoing case in the Supreme Court challenging a recent anti-defection amendment brought to the constitution by the parliament. The Attorney General's office argued that the Supreme Court could not hear the case. However, the court decided to move forward with the hearings and issue a decision on the argument at a later date.
“At this juncture, the move to amend the Courts Act to remove some Supreme Court judges gives ground for allegations that Parliament is trying to influence the matter, thereby disturbing public order and peace,” the petition said.
Because of this, the lawyers called for the bill to be withdrawn. The petition was signed by former Vice President Dr. Mohamed Jameel Ahmed and former Attorney General Dr. Ahmed Ali Sawad is also included.