The Judicial Service Commission (JSC) has decided to propose Criminal Court Judge Ibrahim Ali’s dismissal, at the People’s Majlis.
The Criminal Court judge has been suspended for a period of 60 days.
A statement publicized by the commission on Wednesday read that the judge was probed for issuing unconstitutional court warrants in a case involving 10 individuals accused of assault using a sharp weapon.
They were initially remanded for the remainder of their trial, however, their release was ordered following a request from the defendants, during the preliminary hearings. The Prosecutor General’s Office then appealed the decision at the High Court. The High Court ruled that the decision comes under an illegal procedure and ordered for the release of the 10 suspects to be reviewed if the PGO makes such a request at the Criminal Court.
Despite this order, Judge Ali is to have deliberately delayed implementing the order.
JSC’s findings point out that the judge failed to comply with the High Court orders on multiple occasions regarding nine out of the 10 suspects. He also failed to follow through with the ruling and schedule hearings to review the case in response to letters addressed by the PGO, dates October 23 2018, October 30 2018 and November 12, 2018.
Further, the High Court had ordered the lower court to make a new decision regarding the detainment of Moosa Ibrahim, involved in the case, within five days if the PGO requests detainment of the suspect pending trial within five days.
Although PGO submitted the motion within the five days provided, Judge Ali deliberately delayed reaching a decision just like he did in connection to the detainment of the nine other suspects.
In light of this the judge has violated the Maldives constitution, the Judicature Act and the judges’ code of conduct. This led to his 60-day suspension period and JSC to seek his dismissal at parliament.
JSC is probing three additional disciplinary issues regarding the Criminal Court judge.