Nasheed responds to JSC

Former President Mohamed Nasheed has presented his response for the procedural issues raised by the Judicial Service Commission (JSC) at the trial of the case filed by Nasheed to High Court questioning the legitimacy of the Hulhumale’ Court bench appointed by JSC.

In court today, Nasheed’s legal team spoke in detail on the procedural issues raised by JSC.

Nasheed’s legal team member and lawyer Hisaan Hussain said that while JSC had said that the Hulhumale’ Court bench was appointed based on the advice of the Supreme Court, the Supreme Court had decided earlier that the court shall not provide legal advice to any group.

She said that the Supreme Court had said in a statement issued earlier that a decision regarding the legitimacy of the Hulhumale’ Court bench can only be made by the courts, which means it is within the jurisdiction of the High Court to make a decision regarding the legitimacy of the Hulhumale’ Court bench.

She said that there is no law which gives JSC the authority to appoint judges to Hulhumale’ Court, and that the fax message sent by the Hulhumale’ Court to JSC requesting it to appoint a bench to preside over the case related to the arrest of Judge Abdullah, holds no legal credibility.

After the response was presented, Nasheed said that in his opinion, no decision is necessary regarding the procedural issues at this stage; the court can instead announce its decision on the procedural issues when it delivers the final verdict on the case.

The lawyer representing JSC said that one of the procedural issues raised by the commission questions the High Court’s jurisdiction over this case; thus, the case can only be continued after the court makes a decision on the procedural issues.

JSC requested the court to make a decision on the procedural issues as soon as possible.

Concluding today’s session, Chief Judge of High Court Ahmed Shareef Ali said that the court will make a decision on the procedural issues at the next session.