Judges suspended illegally, for fabricated case: Lawyers

The Judicial Service Commission (JSC) has suspended three Supreme Court judges, a move that lawyers challenging a constitutional amendment have described as a violation of established legal procedures.

The judges suspended before the scheduled hearing of an interim order seeking to halt the implementation of the amendment, which could result in the loss of parliamentary seats for MPs expelled from their parties, are:

The suspensions were based on information provided by the Anti-Corruption Commission (ACC), which informed the JSC that an investigation was ongoing into cases involving the judges.

Four Supreme Court judges remain in office. Under the Courts Act, a constitutional case must be heard by a bench of at least five judges, making it impossible for the court to proceed with the case at this time.

At a press conference, the lawyers who filed the petition argued that the JSC did not follow the required procedures under the Judicial Service Commission Act.

Lawyer Mahfooz Saeed cited Section 25(l) of the Act, which outlines factors that must be considered before a judge is temporarily removed:

"The legal framework does not allow judges to be suspended simply because a case is filed against them. The JSC has not taken these considerations into account," Mahfooz said.

He added that the suspension clause in the law is meant to prevent a judge from ruling on a case if there is clear evidence of bribery or misconduct.

Mahfooz also referred to the recent appointment of former Anti-Corruption Commission (ACC) member Yazmeed Mohamed to the JSC, replacing lawyer Mohamed Sameer. He suggested that the appointment reflected an effort to influence judicial decisions.

The case was filed in the Supreme Court on behalf of former MP and lawyer Ali Hussain, who accused the government of fabricating charges against the judges.

"This is an attempt to discredit the judges. They are being targeted based on cases that do not exist. We are examining the evidence," Ali said.

Ali also stated that the Supreme Court had handled the case fairly. He rejected claims that the judiciary was being politicised.

"The Supreme Court has the authority to issue orders without a hearing. The judges scheduled proceedings without rushing the process. The court is not acting politically," he said.