JSC declines to probe HC's non-disclosure of docs to SC
Supreme Court Justice Suood resigned last week, while Mahaz and Azmiralda remain suspended.
The Judicial Service Commission (JSC) has decided not to investigate the case concerning the High Court’s refusal to provide documents to the Supreme Court, despite a formal request from the apex court.
The matter relates to the High Court’s order regarding the production of Arshad Khalid, an individual accused of drug-related offences.
The dispute arose when High Court Assistant Registrar Hussain Mohamed Haneef sent a letter stating that the requested documents could not be provided without a separate order. Justice Mahaz Ali Zahir referred the case to the JSC, involving three High Court judges:
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Mohamed Niyaz
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Hussain Shaheed (Chief Justice)
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Mohamed Faisal
The JSC convened Saturday afternoon to deliberate on the matter. Although the case had been previously reviewed, no decision had been reached. Eight commission members attended Saturday's session, with six voting against an investigation. The same six members participated in the vote.
Chief Justice Shaheed of the High Court has contested for the position of a Supreme Court judge.
The JSC is also reviewing other cases, including:
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An investigation into alleged remarks made by former Justice Husnu Suood.
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A case involving Justice Mahaz Ali Zahir and Justice Azmiralda Zahir.
Justice Suood resigned last week, while Mahaz and Azmiralda remain suspended. The decision to proceed with cases involving judges—including those filed under the previous JSC—was suspended as the Supreme Court was set to hear an interim order regarding the constitutional amendment on parliamentary seat loss due to party expulsion.
Currently, four judges remain active in the Supreme Court. Under the law, a constitutional case requires a minimum bench of five judges to proceed.
