Civil Court has today dismissed the case following Judicial Service Commission’s (JSC) decision on ethical misconduct of Chief Judge of Criminal Court Abdullah Mohamed (Judge Abdullah).
JSC had found Judge Abdullah guilty of misconduct following a political comment made by him on 16 July 2009 at 20:00 on DhiTV news.
Civil Court’s ruling detailed that the statements used by JSC to make their decision, do not prove that Judge Abdullah in fact made the alleged comment on DhiTV.
Moreover, Judge Abdullah was not given the opportunity to defend himself during the investigation; and allowing him to file any complaints after the investigation was complete, cannot be deemed as an opportunity to present his defence.
According to JSC, Judge Abdullah had violated the Judges’ Code of Conduct.
However Civil Court’s ruling said that the Judge made the alleged comment before the regulation referred to by JSC came into effect; thus this regulation cannot be used to take action against the Judge.
Referring to JSC’s indication that they were taking not legal but administrative action against the Chief Judge, Civil Court said in its ruling that JSC does not have the authority to take such administrative action against Judges.