Wednesday, July 15, 2009

Controversy over Decision to Investigate Judge


The Government has thrown a spanner into the works by initiating an investigation against Abdullah Mohamed, Chief Judge of the Criminal Court, for allegedly obstructing a police investigation. The matter has now been referred to the Judicial Services Commission (JSC).

Under article 159 of the constitution, the Judicial Service Commission is entrusted with “the responsibility and power to investigate complaints about the Judiciary, and to take disciplinary action against them, including recommendations for dismissal.”

According to a press release issued by the President’s Office the cabinet has decided to investigate Abdullah Mohamed for obstructing a police investigation related to the 2008 audit report of Bank of Maldives.

Majlis Member for Naifaru Ahmed Mohamed, a former judge and member of the opposition Dhivehi Rayyithunge Party (DRP), proposed an emergency motion in the Majlis yesterday to condemn the cabinet’s decision to investigate Abdullah Mohamed. During the debate on the motion, the Majlis witnessed some unsavory scenes and the sitting had to be called off.

Opposition DRP believes the government’s decision was an unwarranted interference in the judiciary because separation of powers is established in the Constitution to prevent one branch of the State exerting undue influence over another. Article 141 of the constitution states that “no officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

However the Government stand is that under Article 115 (b) of the Constitution, the President is entrusted with the responsibility to “faithfully implement the provisions of this Constitution and the law, and to promote compliance by organs of the State and by the people.” Further, the government believes it has a duty to recover money owed to Bank of Maldives as soon as possible because the money belongs to the public.

Former Attorney Generals Dr. Hassan Saeed, Azima Shakoor and Dhiyana Saeed have condemned the decision of the Cabinet, one of them describing it as an “attack on the heart of the judiciary.” Former Legal Reform Minister Mohammed Nasheed has also described the action as “way off the mandate of either the president or his cabinet.” The Human Rights Commission of the Maldives (HRCM) has issued a press statement expressing concern over the cabinet’s decision.

15 comments:

Ibbe said...

If Anni thinks Judge is wrong, there are legal avenues. If he takes law into his own hands at this early stage, he will be 30 times more dictatorial end of 1 yeasr than Maummon was in 30 years.

Anonymous said...

Thasmeen must pay his loan if he has to. the money is important at a time when we are facing a crisis. So please do the right thing.

Anonymous said...

Maumoon ruined this nation. Now Nasheed is screwing the remnants. Who will deliver us from such tyrants?

Anonymous said...

@ Anonymous July 16, 2009 9:40 AM

God?

Anonymous said...

Agree with Anon@9:40AM. The "other Maldives" smells suspiciously of crap. Anni, stop acting like a child! Neither Maumoon nor you are above the law! Between yourselves, you are screwing up the entire nation!

Anonymous said...

If I were Judge Abdulla of Crimminal court, I would sentence Anni to fourteen days jail for contempt of court suspended until he leaves office. The atleast some sense will come to him (Anni).

Anonymous said...

There are lots of people who dont pay Bank loans regularly. Police don't come into the picture.The Bank must go to the court to recover the money.If Thasmeen doesnot finally pay up, then his collateral(Ie his resorts, his house etc) should be seized by the Bank and sold off to recover the loan. Why is Anni sending the police to recover the money.If Bank CEO has done something illegally in giving loans, that of course will have to be investigated. But already the CEO in question has been dismissed from job and she has left the country.

Anonymous said...

Judge Abdulla of criminal court was employed at Mauhad(Islam Institute)but Maumoon's Govt dismissed him from that job because there were reports that he was instilling hate against the Govt among students.He was dismissed,charged and convicted for this crime. This is the criminal report Our Dear Leader talks about.

Anonymous said...

Now that the Police have entered the Bank and seizes hards and documents, and they say this is allowed under Police Act, the BIG question which begs an answer is then , Police, why did you try all these days and weeks for court orders to enter the Bank?Under the Police Act, you hace the powers to take evidence without involving the courts.It is funny the way you act. You go to court to get court orders, you waste precious time, when courts do not cooperate you cry foul and you go complain to Anni. Anni also says the judge is bad. Anni also researches the Judge and found that the judge has a history of being bad.Anni publicly humiliates the judge. Calling him all sorts of names. When all the time the police have the powers of entering the Bank and getting theevidence. SO, the qustion is why did the police,the Cabinet and Anni blame a small time judge and go after him in such a big way? Is this to intimidate judges and get the Judiciary tainted so that he can find an opening to get the judiciary to tow his line?

Anonymous said...

President Nasheed is a convicted thief. He stole Government property.But fortunately for him he was not given haddhu and therefore Supreme Court allowed his cadidacy for president.Judge Abdulla Mohamed does not have such a bad crimminal record. Abdulla Mohamed's 'crime' has been to tell students Maumoon govt was no good.

Anonymous said...

Anni must be jailed for contempt of court.

Anonymous said...

Anni, your vicious attempts at character assassination of Judge Abdulla betrays your lack of knowledge of the Constitution you swore to uphold. Shame on you, and shame on us for voting for you.
However, in our defense, we would have voted for a baboon instead of Maumoon if that was the only choice left!

Anonymous said...

I know for a fact that Judge Abdullah was sent death threats for not rubberstamping requests by Reeko Moosa and the like. Is this the democracy Anni means? What about the independence of the judiciary?
By the way, the string of alleged disciplinary issues of the judge is pathetic compared to the level of corruption and bribery rampant in the system. At least he can say that he is following the Shariah. What is your excuse, Anni?

Anonymous said...

judges in this country are not very professional people. Majority of them are politically affiliated and "sensitive". They also have little respect for the other organs of the state. I have heard this particular judge speak on radio and he seems very disrespectful of the president we have voted for.if they cant show respect, and if they want to show off how superior they are, wonder if they will ever cooperate. This is seen clearly when the judge denied a court order on lame grounds in a public interest case. such judges should be made accountable. or sombody needs to be pressured to make them accountable.

Anonymous said...

Respect? Do you seriously believe anyone respects anyone else now? Anni and his gang were the ones who taught us disrespect and fighting authority. Respect has to be earned.