President Dr. Mohamed Muizzu has said the bill to remove two Supreme Court justices is unconstitutional despite previously expressing anger and condemning when a ruling party lawmaker abstained from voting for the bill.
The bill, which was passed on February 26, was moved by ruling People's National Congress (PNC) MP Abdul Sattar Mohamed. The PNC leadership, including Muizzu, had instructed MPs to support the bill. Muizzu also condemned PNC MP Ahmed Azaan when did not vote for the bill.
However, Muizzu sent the bill back to parliament along with a letter which was read out during the sitting today. He claimed that the bill was unconstitutional.
"Completing the new procedures prescribed by the Act [Bill} appears to contradict the Article 154 (a) of the Constitution which says that judges shall not be removed as long as they maintain ethical standards and abide by the procedures, his letter stated.
A bill to remove two Supreme Court justices was approved after the court decided to hear a motion to quash the constitutional amendment passed in November last year that empowers political parties to disqualify MPs for leaving the parties.
PNC parliamentary group leader Ibrahim Falah warned action against MPs who violated the whip in connection with the bill. Azaan has since been removed from the National Security Committee and the Public Accounts Committee.
Azaan maintained that he did not vote for the bill because it was unconstitutional. He said cabinet ministers and long-serving state officials had advised him not to vote for the bill.
Falah instructed MPs to support the bill in a message to a WhatsApp group.
"Since the PNC leadership has decided to support the Amendment Bill to the Judicature Act, we would like to ask all honorable MPs to support the bill during the debate stage," he wrote.
When Azaan did not vote for the bill, Muizzu condemned the whip violation and wrote in the WhatsApp group that it was unacceptable.
"When the party issues a three-line whip, no one should go against it. Under any circumstance," he wrote.
The government-controlled Judicial Service Commission (JSC) suspended three Supreme Court judges minutes after the bill was approved. JSC said the three justices were under investigation by the Anti-Corruption Commission (ACC). They are Justices Husnu Suood, Mahaz Ali Zahir and Dr. Azmiralda Zahir.
Suood later resigned in protest of influence and intimidation of judges by Muizzu and his Attorney General (AG) Ahmed Usham.
