Judge Ahmed Shareef, the Chief Judge of High Court currently suspended by JSC for an indefinite period of time, has submitted a case in Civil Court to contest his suspension.
Lawyer representing Shareef, former Attorney General Husnu Al Suood told Sun that the case requests for the court to invalidate the decision by the Judicial Service Commission (JSC) to suspend Judge Shareef on the grounds that it was an illegal decision. He said that the case also asks the court for an order to halt the suspension until an decidable verdict has been announced regarding the case.
The case highlights four main points, Suood explained. He said that the case against judge Ahmed Shareef that was submitted to JSC had not undergone due procedure.
JSC suspended Judge Ahmed Shareef following several complaints filed by seven judges of High Court regarding the management of High Court, in May 2012.
President of JSC Adam Mohamed Abdullah has said that the decision to suspend Judge Shareef was made before his JSC case was concluded and that the decision came as a precautionary measure for the case.
JSC’s President said the commission had no legal obstacle to imposing the suspension on Judge Shareef and that the date the case was submitted and whether due procedure was followed, were irrelevant. Husnu Al Suood said that the second point of the case notes that the quorum of the JSC meeting that decided on Judge Shareef’s suspension was achieved by including the President of the Civil Service Commission Mohamed Fahumy Hassan, who’s legitimacy of office is in question following a parliament’s decision to dismiss him. Suood noted that the vacancy of Fahumy’s position has been declared and that new candidates have been allowed to stand for the office, which questions his position as a member of JSC.
As a third point, Suood noted that the quorum of the JSC meeting was achieved along with the participation of the newly appointed Attorney General Aishath Bisam who has not yet been approved by the parliament. Suood said that Supreme Court precedents prove that newly appointed cabinet members shall only take up their duties to the extend that is absolutely necessary.
Noting the fourth point, Suood said that JSC has suspended the Chief Judge of High Court Ahmed Shareef at a time when JSC is a defendant to a case currently being contested in the High Court, the case regarding the legitimacy of the Hulhumale’ Court bench of judges.
JSC decided to indefinitely suspend the Chief Judge of High Court Ahmed Shareef Ali on the 29th of last month. The decision to suspend the chief judge was made upon a three member majority of the four members who sat at the meeting. The meeting was to be held amongst seven members of the Commission.