The Judicial Service Commission (JSC) has looked into around 200 complaints against judges, since the enactment of the second amendment of the JSC Act.
While the amendments to the JSC Act was ratified on September 3, JSC said that it has looked into around 200 complaints against judges since then, including complaints ranging from allegations of sexual harassment, corruption, undue influence and judicial overreach.
JSC, via a statement issued on Tuesday, noted that these complaints include “ethical and misconduct cases of four Supreme Court justices. They are; Chief Justice Dr. Ahmed Abdulla Didi and justices Abdulla Areef, Abdul Ghanee Mohamed and Adam Mohamed Abdulla.
The commission in investigating 18 complaints against the chief justice, 14 complaints against Justice Areef, 16 complaints against Adam and three against Justice Ghanee.
The Judicial overreach case against the four Supreme Court justices is the alleged constitutionally impermissible intrusion by the Supreme Court to the jurisdiction of the parliament, the executive, the lower courts and independent institutions including the Elections Commission, the Human Rights Commission and the Judicial Service CommissionJudicial Service Commission
JSC noted that these complaints have been made by the public “for more than a decade,” adding that the same have been reiterated in findings of international expert’s reports compiled by UN Special Rapporteur, Gabriel Knaul in 2013 and retired Justice of South Africa, Johann Kriegler in 2019”; Kriegler was in the Maldives earlier this year after being appointed as a consultant by the Attorney General’s Office.
While the chief justice continues to refuse the commission’s summon notices, JSC also highlighted his “continuous resistance” to the new amendments to the JSC Act which it noted was brought in order to fulfill the incumbent president’s campaign pledge to reform the country’s judiciary.
As such, JSC noted that continuous challenges faced in the judicial administration, by Supreme Court Secretary General Dr. Hussain Faiz, in implementing the new changes, due to alleged threats of dismissal.
Chief Justice Didi denies this, and said that he had merely counseled Faiz following inappropriate behavior.
JSC’s statement also highlighted its decision to suspend Criminal Court Chief Judge Ahmed Hailam, for a 60-day period.
JSC in investigating Judge Hailam for posting a message on social media via Viber, depicting cruel, inhuman and degrading treatment when sending Victory Day 2019 greetings to the staff of Criminal Court. The said Viber post in question portrays President Ibrahim Mohamed Solih, Speaker and former President Mohamed Naheed and cabinet ministers among other chained from the neck being dragged by Victory Day martyr Hussain Adam.Judicial Service Commission
JSC added that it will continue “to act promptly” to investigate any allegations of any statement that may implicate alleged misconduct on the part of the judges.”
Further noting that it understands its mandate, JSC said that it will not investigate “a complaint against a judge on the basis of merit of judgement reached by the judge.”
The commission only investigate matters mandated to the commission under the law in relation to violations of Code of Conduct of Judges. The Commission strictly adheres to the procedures stipulated in the law and ensures that due process is afforded to the investigated judge.Judicial Service Commission
