Shuffling of judges against the law, says Chief Justice

Chief Justice Ahmed Faiz Hussain has said that the transfer of Chief Judge of the Criminal Court Abdulla Mohamed and other judges to different courts by the Judicial Service Commission (JSC), is against the law.

Chief Justice condemned the transfers in a letter sent to President of JSC Adam Mohamed Abdulla today.

In his letter, the Chief Justice said that although Article 159 (a) of the Constitution grants the JSC the right to appoint, promote and transfer judges, it must not be regarded as an absolute right.

The Chief Justice said that Article 47 of Judges Act requires the JSC to consult the Judicial Council, which is also the Supreme Court, before such decisions are made. He said that therefore, any such decision made without the consultation of the Supreme Court, is unlawful.