Many PNC lawmakers opposed to removing Supreme Court justices

Many of the parliamentarians from the ruling People’s National Congress (PNC) have voiced opposition to dismissing two Supreme Court justices as proposed under new legislature submitted by the government.

The amendment to the Judicature Act was submitted on Sunday by Holhudhoo MP Abdul Sattar Mohamed – a member of PNC – who hold a supermajority at the legislative assembly. The bill seeks to downsize the Supreme Court bench from seven to five justices.

The PNC’s parliamentary group convened for a meeting on Monday afternoon to discuss the amendment.

Sun has been informed through reliable sources that many of the PNC’s parliamentarians expressed opposition to the bill, with some taking an open stand against the move.

Those who voiced opposition to the bill includes:

• North Hulhumale’ MP Hussain Shareef
• South Henveiru MP Hussain Imran Latheef
• West Maafannu MP Mohamed Mustafa Ibrahim
• South Maafannu MP Abdulla Rifau (Bochey)
• Central Hithadhoo MP Ahmed Azaan
• Thulusdhoo MP Ibrahim Naseem
• Huraa MP Anara Naeem

“Many of the parliamentarians talked openly in opposition of the bill. Very few spoke in favor,” said a PNC member who attended the meeting.

One of the parliamentarians who spoke to Sun said that it was mainly PNC’s parliamentary group leader Ibrahim Falah and senior deputy parliamentary group leader Ibrahim Shujau who advocated for the bill.

“Parliament Speaker Abdul Raheem [Abdulla] and Deputy Speaker [Ahmed Nazim] also spoke in favor of the bill. But neither of them said such,” said the source.

In face of the opposition, Falah called for a show of hands for those who will cooperate in pushing the bill forward as the government wants.

At this point, many of the parliamentarians said they would cooperate with the government.

The Supreme Court bench is currently composed of:

• Chief Justice Ahmed Muthasim Adnan
• Justice Dr. Azmiralda Zahir
• Justice Aisha Shujoon Mohamed
• Justice Mahaz Ali Zahir
• Justice Husnu Al-Suood
• Justice Ali Rasheed Hussain
• Justice Dr. Mohamed Ibrahim

The move to submit a bill to downsize the Supreme Court bench follows weekslong allegations by the main opposition Maldivian Democratic Party (MDP) that the government is seeking to dismiss some of the members of the top court’s bench to influence a case challenging a contentious amendment to add anti-defection provisions to the Maldivian Constitution.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.

Ali Hussain’s case is a novel one – marking the first time for a petition to be lodged with the Supreme Court seeking to annul an amendment to the Constitution.

Hearings in the case began on February 17 – nearly three months after the case was filed.The state filed a motion to have the case tossed out, arguing that the Supreme Court does not have the jurisdiction to hear it. But the bench decided on February 18 to proceed with the case, and gave the state 10 days to build their case.

Both the MDP and the Democrats have accused the government of attempting subvert judicial independence with the move to downsize the top court's bench, and have demanded the immediate withdrawal of the bill.

The number of justices in the Supreme Court bench have been changed twice in the last decade. In 2014, during former President Abdulla Yameen Abdul Gayoom’s administration, the ruling party passed legislature reducing the bench from seven to five justices.

This was reversed in 2019 during former President Ibrahim Mohamed Solih’s administration.