Ruling party denies imminent removal of Supreme Court justices

The ruling People's National Congress has denied alleged plans to remove three Supreme Court justices.

The main opposition Maldivian Democratic Party on Saturday accused the government of seeking to influence a legal challenge on anti-defection amendments made to the constitution in November.

"It's totally baseless. Where were people like Fayyaz Ismail [MDP Chairperson] when MDP's government changed the Supreme Court bench?” Deputy Speaker Ahmed Nazim, deputy leader of the PNC’s supermajority in parliament, told the Maldives Independent. 

“This is a case of the pot calling the kettle black.” 

But taking up impeachment motions “is the prerogative of the Majlis,” which would "decide on issues that come before it,” Nazim added.

According to the MDP, replacements under consideration include two current political appointees and Prosecutor General Abbas Shareef, a former High Court judge who served as the legal secretary to the president before his appoint in October.

On November 20, in a process that lasted less than nine hours, the PNC amended the constitution with new provisions for disqualifying parliamentarians. MPs elected on a political party ticket will lose their seat upon switching parties or following resignation or expulsion from their party, the new clauses stated. Independent members would also forfeit their seat by joining a political party.

In a video message, President Dr. Mohamed Muizzu defended the changes as necessary "for the rights of the Maldivian people, for the country's independence, sovereignty, development, and stability."

But civil society expressed grave concern as former lawmaker Ali Hussain filed a constitutional challenge. The amendments violate separation of powers and several key constitutional provisions, including ones that vest all state powers with the people and establish parliament as an independent branch with sole legislative authority, he contended. 

Ali Hussain petitioned the apex court to strike down the amendments as unconstitutional or to declare the anti-defection rules could not apply to the sitting 20th Majlis.

Both the MDP and the Democrats intervened in the constitutional case in November. However, former MP Imthiyaz Fahmy, the newly-elected president of the Democrats, recently questioned whether judicial review could extend to constitutional amendments, declaring that "no court has the authority to review the validity” of such decisions.

But a former chief justice agreed with the opposition. The anti-defection clauses that allow parties to unseat lawmakers violate the "supra-constitutional" principle – an inviolable basic principle upon with the constitution itself was based – concerning the people's power or people's sovereignty, Dr. Ahmed Abdulla Didi wrote on X.

Didi was among the Supreme Court justices removed from the bench in 2019 by the MDP supermajority, which followed findings of ethical misconduct by the judicial watchdog. 

On Saturday, Ali Hussain echoed the MDP’s allegations of the government’s attempts to influence the Supreme Court. "I call on [them] not to undermine the independence and autonomy of the Supreme Court using improper government influence and power," he tweeted.

"Sources have informed that there were discussions about removing justices right after the constitutional case was filed,” he told the Maldives Independent on Sunday. 

“Especially based on how the first hearing goes, it's believed they will be removed if the justices don't bend to the government's will."

Rumours of the government’s plans to change the Supreme Court bench previously circulated in December. But the government denied it then as well.

According to the constitution, a judge can be removed if the Judicial Service Commission finds that he or she is grossly incompetent or guilty of gross misconduct. A resolution submitted to the effect must be approved by a two-thirds majority of MPs present and voting.

Asked whether a Supreme Court justice could be removed in the absence of ethical misconduct, Ali Hussain said: "We can see how things are commonly done in the Maldives, right? If they want to remove someone, they'll create ethical misconduct issues to do it."

JSC spokeswoman Mariya Ula said "no such information has been received" when the Maldives Independent inquired whether any Supreme Court justice was under investigation.

The JSC is a 10-member oversight body composed of three representatives each from the executive, legislature and judiciary along with a lawyer elected to represent the legal profession.

The first hearing in the constitutional case is scheduled for 11am on February 17. The full bench of the Supreme Court is due to hear the challenge with Chief Justice Muthasim Adnan to preside over proceedings.