Supreme Court cancels key hearing following suspension of justices

Supreme Court has canceled a key hearing on an injunction seeking to suspend the controversial anti-defection clauses written into the Constitution in November last year following the suspension of the justice of the Court shortly ahead of the hearing.

Judicial Service Commission (JSC) has suspended three Supreme Court justices:  Husnu Al-Suood, Dr. Azmiralda Zahir, and Mahaz Ali Zahir.

The hearing on the injunction seeking to suspend the controversial anti-defection clauses written into the Constitution was scheduled for 11:00am this morning.

One of the lawyers in the case, Mahfooz Saeed, said the Court informed the cancellation of the hearing after the lawyers and attendees were led inside the courtroom. According to Mahfooz, the Court did not inform the reason behind the cancellation.

Notably, the Parliament, at 10:00pm, passed the government-backed amendment to the Judicature Act to downsize the Supreme Court bench from seven to five justices.

The amendment as submitted on Sunday night by Holhudhoo MP Abdul Sattar Mohamed – a member of ruling PNC, which holds supermajority in the Parliament.

While 79 MPs were in attendance for the sitting, the bill passed with a majority vote of 68-9.

The amendment to the Judicature Act is designed to downsize the Supreme Court’s bench from seven to five justices – meaning that two incumbent justices will need to be removed.

Notably, Supreme Court is currently reviewing a case seeking to dismiss the anti-defection clauses written into the Constitution in November last year, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.

The move to submit a bill to reduce the Supreme Court bench followed weekslong allegations by the opposition 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 Constitution.

The floor vote was initially scheduled for 09:45am, but got delayed as parliamentarians from the MDP protested against the bill.

Speaker Abdul Raheem Abdulla – the chairman of PNC – repeatedly warned the opposition parliamentarians to return to their seats.

A short while later, Abdul Raheem named South Galolhu MP Meekail Ahmed Naseem, Vaikaradhoo MP Hassan Ziyad (Fittey) and Kendhoo MP Mauroof Zakir and ejected them from the chamber.

The Parliament called for a vote again at around 10:00 am. Abdul Raheem said that there was a technical issue with the system, and the voting was carried out manually, as parliamentarians were asked one-by-one if they were in favor of the bill or against it.

A sole parliamentarian from PNC, Ahmed Azaan Marzooq, was seen walking out of the chamber as the voting began. The Central Hithadhoo representative had also chosen to skip Tuesday’s vote when the bill was accepted into the Parliament. Azaan said he abstained from voting as he believed the bill was unconstitutional and the justices could not be dismissed while the case was ongoing. He was removed from Whatsapp group comprising of PNC parliamentarians after he abstained from voting on Tuesday. 

Despite other PNC parliamentarians also expressing concern over the bill, they voted in favor of the bill at the instructions of the ruling party's leadership.