Ali Hussain alleges Supreme Court justices suspended based on ‘manufactured’ cases

The sudden suspension of three Supreme Court justices on Wednesday – less than an hour ahead of a key hearing in the case challenging controversial anti-defection clauses that were written into the Constitution in November – was based on cases “manufactured” by the Anti-Corruption Commission (ACC), says Ali Hussain, the former Kendhoo MP and attorney-at-law, who filed the case with the top court.

The suspension of justices Husnu Al-Suood, Dr. Azmiralda Zahir and Mahaz Ali Zahir were announced by the Judicial Service Commission (JSC) shortly after the ruling People’s National Congress (PNC) used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices.

According to the JSC, the justices were suspended in light of criminal investigations against them by the ACC.

The rushed passage of the bill came less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request filed by Ali Hussain for an injunction to suspend the enforcement of the anti-defection clauses until the court reaches a verdict in the case.

But the hearing was cancelled following the suspension of the justices.

In a press conference on Wednesday afternoon, Ali Hussain and his legal team expressed concern over the new developments.

Ali Hussain said he found out about the suspension of the justices from the press. He also noted that there had not been any reports on such an investigation by the ACC until then.

“Therefore, it is clear to everyone that this case was manufactured by the Anti-Corruption Commission (ACC). And we have also been informed of similar efforts by the government to influence JSC members, some of whom have been threatened with action and some of whom have already been penalized,” alleged Ali Hussain.

He said that it is crucial to maintain the trust in the Supreme Court as the country’s highest judicial authority.

“But they are trying to demolish the court. And I say this clearly – they are truly trying to destroy the judiciary. I am forced to say this because they are acting in such an ugly manner. They are trying to remove the justices by manufacturing a case out of thin air,” he said.

Ali Hussain said he finds the situation deeply concerning.

The JSC said that the justices were suspended in a meeting held on Wednesday morning, but have not disclosed any details regarding the cases against them.

The move to submit a bill to downsize the Supreme Court bench and suspend three justices followed 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 the case challenging the 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.

Ali Hussain 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.

Opposition parties, including the 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.