I will decide whether to remain as member of CSC based on President

Mohamed Fahmy Hassan, whose dismissal from the post of Member of Civil Service Commission (CSC) has been approved by the parliament, has said that he would make a decision on whether to continue holding this post if the president makes a decision on the matter and informs him.

In a letter sent to Attorney General Aishath Bisham yesterday, Fahmy said that Bisham and her predecessor Azima Shakoor seem to be giving legal advice in their personal capacity regarding him holding his post. He said that the attorney general has no legal capacity to do this, and noted that the Supreme Court had said that no one has the right to criticise or give advice on Supreme Court orders and decisions.

“The Supreme Court has delivered its verdict against the government in relation to the case filed by me, so if the president, in his capacity as the head of State, makes a decision on this matter and informs me accordingly, I will make a decision on how I would proceed with the matter. As I mentioned earlier, I do not believe that the attorney general has the authority to notify me in her personal capacity in relation to this matter,” he said.

Attorney General Aishath Bisham told Sun Online today with reference to Fahmy’s letter, that she had not given any advice in her personal capacity regarding Fahmy’s dismissal from CSC or the Supreme Court ruling in relation to this matter.

She said that her interviews to the media regarding this matter have been in accordance with the former attorney general’s advice.

“I have not made any statement to the media regarding Fahmy’s issue. I spoke to the media about the legal advice given by former Attorney General Azima, and about the content of that legal advice,” she said.

Bisham said that she had had discussions with President Waheed regarding Fahmy’s issue after she assumed the post of attorney general.

Fahmy had highlighted in his letter that he is holding the post of CSC member as per the Supreme Court ruling, and he had discussed the matter with several lawyers prior to returning to work. He said that he had discussed the matter with former Attorney General Azima and former Home Minister Dr Mohamed Jameel Ahmed on the following day when the Supreme Court delivered its verdict, and that he was told by them that there are no legal obstructions to him holding this post.

Fahmy noted in the letter that he completed all the necessary official procedures before returning to work.

Former Attorney General, Gender Minster Aishath Azima Shakoor, with reference to Fahmy’s letter, said that she had never given legal advice to Fahmy in her personal capacity, and that she had not participated in any discussion with Fahmy and Dr Jameel. She said that Fahmy had not even met with Dr Jameel, and that she had never advised Fahmy that he can remain in his post as per the Supreme Court ruling. She said that Fahmy would not be informed of the manner in which an attorney general provides legal advice, and pointed out that the responsibilities and duties of the attorney general are clearly described in the Constitution.

“The legal advice given by me was printed with the letterhead of the Attorney General’s Office. If Fahmy thinks that was given in my personal capacity, there’s nothing I can do about it. And I’ve never given Fahmy legal advice to indicate that he can remain in his post as president of CSC in relation to the Supreme Court ruling,” she said.

Azima said that Fahmy contacted her in relation to the Supreme Court ruling and asked her about how to proceed, to which she had replied that she can only comment after studying the Supreme Court ruling. She said that she had not participated in any meeting after Fahmy started joining the meetings following the Supreme Court ruling. She said that she does not believe that Fahmy should participate in the meetings.