K. Male'
|
18 Feb 2017 | Sat 17:31
Sign at the entrance of the Judicial Service Commission
Sign at the entrance of the Judicial Service Commission
Mohamed Sharuhaan
Civil Court Mariyam Waheed
'Civil Court Judge removal may have been unconstitutional'
AP's Deputy Leader Ali Zahir, who also works as a lawyer, has crtitisized the Supreme Court ruling to suspend a Civil Court judge.
The Constitution vests the Judicial Service Commission with the authority to scrutinize judges.

Ali Zahir, the Adhaalath Party (AP)’s deputy leader has criticized the Supreme Court ruling to suspend a Civil Court Judge that made a verdict in contradiction to the topmost court's order.

Zahir, also a licensed lawyer, said there are clear regulations over dismissing judges stated in the constitution.

Article 154 of the Constitution, on the tenure and removal of judges, say that a judge may not be removed if she is compliance with legal ethics or has a history of good behavior.

Further, the Article’s second clause states that only the Judicial Service Commission may decide on a judge’s removal, only after having scrutinized the judge in question. Even then, the decision must pass through the parliament floor with a two-thirds majority.

Judge Mariyam Waheed had made a ruling over Bodumora Island in Vaavu atoll saying that the government must sign an agreement on its development within seven days of her verdict.

The Supreme Court’s ruling on Thursday maintained that the government is under no obligation to sign it and that it is optional.

The Court had ruled that Judge Waheed cannot preside in any court in the country.

- comment