MNDF has no authority over judiciary: JSC

Ahmed Hamdhoon, Haveeru Online
Jan 23, 2012 - 02:27
  • Judicial Service Commission members at the parliament's independent commission's committee. HAVEERU FILE PHOTO

The Judicial Services Commission (JSC) has said that the Maldives National Defence Force (MNDF) does not have any legal authority to take action against the judiciary and that responsibility lies solely with the JSC.

In a press statement yesterday, JSC stated that investigating cases, taking necessary action and submitting motions to parliament for the removal of Judges have been mandated to the commission by article 159 of the constitution and article 21 of the judicial services commission law.

Criminal Court’s Chief Judge Abdulla Mohamed was apprehended from his residence last Monday by the MNDF and is still in custody at Kaafu Atoll Girifushi.

The government had said that one reason behind his detention was the delay by the JSC in taking action against the Judge.

In the press release by the commission, it stated that within the 30 days after JSC had completed its investigation Judge Abdulla had filed the case in civil court which had ordered the JSC to hold the case until the court decides on the issue.

JSC had later decided that the case cannot be entertained at the civil court and hence filed to review the civil court’s decision at the Supreme Court, but the Supreme Court dismissed the case stating that the case must be reviewed by the high court, the statement further said.

The press release also stated that the JSC were currently working to move forward with the case against Judge Abdulla.

JSC also said that they had already investigated 208 out of the 336 complaints received to the commission.

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