Fahmy

The Supreme Court has ruled that Mohamed Fahmy Hassan was dismissed from his post of Member of Civil Service Commission in violation of the Constitution.

Six out of seven Supreme Court judges voted in favour of ruling that Fahmy’s dismissal was unconstitutional. Fahmy was dismissed through a vote taken by the parliament, following allegations of sexual harassment of a female employee of CSC.

The Supreme Court said in its ruling that the decision by the parliament to dismiss Fahmy from his post was unconstitutional, and thus declared it void.

The Supreme Court said in its ruling after its investigation of the claims by lawyer Mohamed Waheed Ibrahim, that the parliament violated the procedures to be followed when dealing with a person accused of a criminal offence when it dealt with the case against Fahmy.

The ruling states that every person is innocent until proven guilty of a crime in court, and that the decision by the Parliament Committee on Independent Institutions to dismiss Fahmy was not within the boundaries of the criminal justice system.

The Supreme Court said in its ruling that even though the State has claimed that no authority should be allowed to override the decisions made by the parliament, every person has the right to take matters to court in the event that he feels that he is subjected to an unfair penalty.

Supreme Court Judge Muuthasim Adnan who voted against this ruling said that the parliament does have the authority to make this decision after its committee questioned Fahmy in relation to the allegations against him.

The Supreme Court has also issued a temporary order to relevant authorities to halt all action towards appointing a new person to the post of CSC Member.