Suood accuses Pres Muizzu of intimidation as he resigns from Supreme Court

Husnu Al-Suood accused President Dr. Mohamed Muizzu of intimidating the Supreme Court’s justices and subverting judicial independence on Tuesday, as he resigned from the top court.

Suood was appointed to the bench of the country’s top court in December 2019. On February 26, Suood and two other Supreme Court justices – Dr. Azmiralda Zahir and Mahaz Ali Zahir – were suspended by the Judicial Service Commission (JSC) citing an ongoing criminal investigation against them by the Anti-Corruption Commission (ACC). Their suspension came less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of controversial anti-defection clauses that were written into the Constitution last year. It also came 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.

Suood tendered his resignation in a letter addressed to President Muizzu on Tuesday morning.

In his letter, Suood said the Supreme Court had faced numerous pressures from the administration ever since the court established it has jurisdiction to hear a 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, the former Kendhoo MP and an attorney-at-law, 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.

Suood alleged that the suspension of three Supreme Court justices and the passage of a bill to downsize the court’s bench were part of unconstitutional efforts by the administration to subvert judicial independence and block the constitutional case.

“…As you continue to intimidate the entire bench of the Supreme Court of Maldives and exert influence to produce a verdict that you desire in the aforementioned case in violation of Article 144 (c) and (d) of the Constitution, I hereby immediately resign as a justice of the Supreme Court in protest,” wrote Suood in his resignation letter.

The recent amendment to the Judicature Act is designed to downsize the Supreme Court’s bench from seven to five justices – meaning that two incumbent justices will need to be removed.

The amendment requires JSC to determine two justices to be incompetent and submit their names to the Parliament within five days the legislature takes effect. And the Parliament is required to make a decision regarding their removal within seven days.

Opposition parties, including the Maldivian Democratic Party (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.

Meanwhile, the Bar Council called it an "unconstitutional amendment that interferes in and influences justices."

The council stressed that the Constitution is clear that Supreme Court justices may only be removed through the Parliament, and only if the JSC find them guilty of misconduct.

The ACC has declined to disclose any details regarding the investigation against the Supreme Court justices, saying only that it followed criminal complaints against the trio.

Ali Hussain alleges the cases against them were “manufactured” to block his constitution case – which is now stymied.