High Court rejects petition to lift judges' suspension
The High Court refused to hear the case, stating that it could not determine how the JSC should seek a judge’s statement before suspension.
High Court on Thursday dismissed a petition seeking to lift the suspension of three Supreme Court judges who were temporarily removed from their duties.
The suspension, imposed by the Judicial Service Commission (JSC), has been widely debated as it has delayed ongoing constitutional cases in the Supreme Court.
The petition, filed by former MP Ibrahim Ismail and former Election Commission Legal Director Haneefa Khalid, argued that the suspension was unconstitutional because it was carried out without obtaining the opinion of the affected judges. The case made the following key requests:
-
Declare the JSC meeting that suspended the judges as illegal.
-
Quash the decision to suspend the three judges.
-
Order the JSC to reinstate the judges.
-
Ensure that future suspensions do not disrupt the work of the Supreme Court.
The petitioners contended that the JSC’s decision could bring the constitutional system to a halt and infringe on the people's fundamental rights. They claimed that the decision deviated from established procedures and undermined judicial independence.
The High Court refused to hear the case, stating that it could not determine how the JSC should seek a judge’s statement before suspension. The court found that while the JSC had not sought statements from the judges under Article 25 of the JSC Act, the petition did not sufficiently argue that this provision was unconstitutional.
The Registrar of the High Court decided not to accept the case, stating:
-
The case only claimed that the provision allowing suspension without consultation was unconstitutional but did not explicitly argue that Article 25 of the JSC Act itself was unconstitutional.
-
The petition failed to explain how the JSC was legally required to seek a judge's opinion before taking action.
The three suspended judges were:
-
1-
Husnu Suood (now resigned)
-
2-
Mahaz Ali Zahir
-
3-
Dr. Azmiralda Zahir
Suood resigned in protest, citing government pressure on the judiciary to influence a Supreme Court case regarding amendments to the constitution. This case seeks to introduce new provisions that could result in the loss of parliamentary seats for lawmakers who switch political parties.
The suspension of these judges has caused delays in this and other important cases.
The JSC has initiated disciplinary proceedings against the three judges while the Supreme Court continues to hear the constitutional amendment case. However, the failure to obtain the judges' statements before suspension has raised concerns about due process and judicial independence.
