Politics

JSC refuses to answer to parliament’s Independent Institutions Committee

15 Nov 2012, 13:03
Mariyath Mohamed
The Independent Institutions Committee of Parliament met with the Judicial Services Commission (JSC) on Tuesday, where the JSC declined to answer any questions put forward by the committee on the grounds that the legality of the Hulhumale’ Magistrate Court was a case currently pending at the Supreme Court.
The JSC was summoned in relation to a motion submitted by three members of the committee, which stated that the Hulhumale’ Magistrate Court was being operated and judges to the court had been appointed in contradiction to the law.
President of the JSC, Supreme Court Judge Adam Mohamed stated that the commission could not answer the questions put forward by the committee at the time.
“I would like to highlight Supreme Court’s temporary order No. 2010/SC-VA-J/2, released on 18th October 2010. Looking at the capacity and legal justifications of this order, on the fourth page of this order it says: ‘the judicial system established in the Maldives under the constitution is an independent judiciary system, and that Article 141 (d) of the constitution states it is an obligation of government institutions and all persons leading the government to protect the independence of the courts, and that Article 141(c) of the constitution states in clear language that neither an individual nor a government official should interfere with the work of judges from the independent judiciary or attempt to influence them. Therefore, since the parliament debating on an issue which is in the courts, one on which the courts have not yet made a ruling, can be considered to be an act under (c) of the previously mentioned article, I have told you the exact phrasing of the prior-mentioned order of the honourable court,’” Adam Mohamed said.

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