SC says full bench available for 16 days during constitutional case period

The Supreme Court of the Maldives said on Friday that the full bench was available for only 16 days during the period following the suspension of three judges, in relation to a constitutional case that has remained pending for more than a year.

The case concerns a constitutional amendment that allows the removal of Members of Parliament who lose membership in their political party.

The petition was filed by former Member of Parliament and lawyer Ali Hussain, who asked the court to rule that the amendment passed by the parliamentary majority of the People’s National Congress (PNC) is inconsistent with the basic structure of the Constitution.

Ali also requested an interim order to suspend the implementation of the amendment until the court delivers a final ruling.

The hearing on the interim order did not proceed after the Judicial Service Commission (JSC) suspended three Supreme Court judges on 26 February 2025. The suspension occurred shortly before the hearing was scheduled to begin.

More than a year has passed since the suspension, and the case has not been heard.

The Supreme Court provided the explanation in response to questions raised by Dhauru under the Access to Information Act.

According to the court, constitutional cases must be heard by a bench of at least five judges under the Courts Act.

Although the court had five judges from 19 March 2025, the court had earlier decided that the case would be heard by a full bench of seven judges and that decision has not been changed.

“The referenced case has been decided to be heard by a full bench of seven judges of the Supreme Court and no change has been made to that decision,” the court said.

The court said the seven-judge bench was available for a total of 16 days during the relevant period.

According to the explanation provided by the court:

The court said that after the appointment of the current Chief Justice, the seven judges were able to sit together for only 16 days, excluding days when judges were on leave, engaged in official duties or suspended.

The three judges were suspended after the Anti-Corruption Commission informed the JSC that it was investigating a case involving them.

The ACC has not disclosed details of the investigation during the past year.

The JSC later proceeded with disciplinary cases involving the suspended judges. Two judges, Azmiralda Zahir and Mahaz Ali Zahir, were removed from office following a vote in the People's Majlis.

Changes in the position of Chief Justice also altered the composition of the Supreme Court bench.