Bill to downsize Supreme Court bench remains unratified a week since its rushed passage

A government bill to downsize the Supreme Court bench from seven to five justices remains unratified, a week after the ruling People’s National Congress (PNC) used its supermajority in the Parliament to push through the controversial legislature in under two days.

The amendment to the Judicature Act was sponsored by Holhudhoo MP Abdul Sattar Mohamed. The bill was presented, debated on and accepted into the Parliament on February 25, and the Judiciary Committee passed it without any changes in a meeting held shortly after the vote. 

The amendment was passed on February 26 with a majority vote of 68-9 after three parliamentarians from the MDP were kicked out of the chamber ahead of the voting as they  protested against the legislature as well as the decision to ignore concerns raised by the Parliament's Counsel General Fathimath Filza regarding the bill.

The PNC had issued a three-line whip to pass the bill, and had warned disciplinary action after two government lawmakers failed to take part in the vote to accept the bill into the Parliament on February 25. The incident also prompted an angry warning from President Dr. Mohamed Muizzu himself.

One of the lawmakers to skipped the vote – Central Hithadhoo MP Ahmed Azaan Marzooq was kicked out of the PNC’s WhatsApp group for its parliamentary group members later that evening.

However, Azaan was seen quietly walking out of the chamber as the voting began on the contentious bil the next day.

But the bill remains unsigned in the one week since it was sent to President Muizzu’s desk for ratification. He gets 15 days to decide whether to ratify a bill or send it back to the Parliament. 

The move to downsize the Supreme Court's bench followed weekslong allegations by the MDP that the government was 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 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.

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.

The rushed passage of the judicature billl last week came less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of the anti-defection clauses.

But shortly before the hearing had been set to begin at 11:00 am, the Judicial Service Commission (JSC) announced that three Supreme Court justices – Husnu Al-Suood, Dr. Azmiralda Zahir and Mahaz Ali Zahir – had been suspended in light of criminal investigations against them by the Anti-Corruption Commission (ACC).

The amendment to the Judicature Act requires JSC to determine two justices to be incompetent and submit their names to the Parliament within five days the legislature takes effect. And the Parliament is required to make a decision regarding their removal within seven days.

Opposition parties, including the Maldivian Democratic Party (MDP) and the Democrats, questioned the timing of the bill, and accused the government of attempting to influence the country's highest judicial authority and subvert judicial independence.

Meanwhile, the Bar Council called it an "unconstitutional amendment that interferes in and influences justices."

The council stressed that the Constitution is clear that Supreme Court justices may only be removed through the Parliament, and only if the JSC find them guilty of misconduct.

The ACC has declined to disclose any details regarding the investigation against the Supreme Court justices, saying only that it followed criminal complaints against the trio. 

Ali Hussain alleges the cases against them were “manufactured” to block his constitution case – which is now stymied.

One of the suspended justices - Suood tendered his resignation on Tuesday, after raising serious allegations of government intimidation.