Mutiny in the High Court and JSC: The High Court Resolution of 21 January 2010

Sunday, 26 December 2010

On 21 January 2010, three High Court justices from the five-judges bench released a Public Resolution declaring their decision to remove High Court Chief, Justice Abdul Ghani Mohamed from JSC. The fourth judge on the bench was on leave at the time.

The unsubstantiated claims against Justice Abdul Ghani Mohamed stated in the High Court Resolution was his misconduct as a member of JSC, and the resolution was worded ambiguously and framed in a manner that accused Justice Abdul Ghani of being guilty of every breach possible under the Constitution.  None of the three justices party to the Resolution had ever lodged a complaint against Justice Abdul Ghani Mohamed prior to this public declaration.

The significance of the High Court Resolution of 21 January 2010  may not have been recognised by the local media, but it was no doubt the first major dismissal to activate The Plot, and create the space to takeover JSC by the interim Supreme Court.

From that point JSC abruptly ended its' slow progress to institutionalise as a democratic and independent institution, and reverted to a dictatorship. It has remained a dictatorship since.  The Chair controls the agenda, decides what issues are permitted discussion, run on mob-rule in the place of striving for consensus or majority rule on matters, withholds information from members, and engineers voting (in the few instances when a vote is actually taken) to achieve the Chair's goals. 

The matter of the High Court Resolution remains unattended in JSC.

Two of the signatories to the High Court Resolution has since gone to the Supreme Court and Justice Abdul Ghani Mohamed has been reinstated to the JSC by the High Court following the departure of the two justices to Supreme Court.

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Attached, in PDF files (Dhivehi language) are:

  • Letter to JSC dated 07 February 2010, on the matter of the High Court Resolution of 21 January 2010.
  • Discussions of the High Court Resolution in the Judicial Service Commission, 21 January to 07 February 2010 -- Views expressed by JSC members.
  • Motion to Investigate the High Court Resolution, 28 January 2010

 

 

 

 

AttachmentSize
Letter on High Court Resolution, 7 Feb 2010.pdf82.22 KB
High Court Resolution of 21 January 2010, Discussions in JSC.pdf189.43 KB
Motion to Investigate High Court Resolution, 28-01-10.pdf133.38 KB

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Velezinee Aishath  ©  2012