Sunday
8th Sep 2024
Dhivehi Edition
Supreme Court of the Maldives.
In a significant legal decision, the Supreme Court of Maldives has upheld the High Court's verdict regarding the reinstatement of ten court administrators who were dismissed from service. The case revolves around changes implemented by the Department of Judicial Administration (DJA) in the court structures following an amendment to the Judicial Service Commission (JSC) Act.
Initially, the dismissal of the ten court administrators came after the DJA modified court structures following an amendment to the JSC Act. However, upon appeal to the employment tribunal, the tribunal ruled in favor of reinstating the dismissed workers. Despite efforts by the JSC to challenge this decision, both the High Court and now the Supreme Court have upheld the tribunal's ruling, ordering the reinstatement of the administrators.
- Abdulla Shakir: Served as the administration of Rasdhoo Magistrate Court.
- Mohamed Hameed: Held the position of Administrator at Fonadhoo Magistrate Court.
- Ibrahim Omar: Worked as the administration of Kulhudhuffushi Magistrate Court.
- Hussain Shiyam: Served in court administration at Thinadhoo Magistrate Court.
- Ibrahim Shareef: Previously held the role of Administrator at S. Hithadhoo Magistrate Court.
- Abdul Majid Adam: Functioned in the Court Administration of Tulusdhoo Magistrate Court.
- Mohamed Farzad: Undertook responsibilities in the Court Administration of Fuvahmulah Magistrate Court.
- Ibrahim Taufeeq Moonis: Occupied the position of Court Administration of the Family Court.
- Hussain Riza Adam: Acted as the Court Administration of the Criminal Court.
- Muna Mohamed: Oversaw the Civil Court Administration of the High Court of Maldives.
Justice Mohamed Ibrahim, presiding over the case, emphasized the absence of any substantial reason to alter the High Court's verdict, a sentiment echoed by the other two judges on the bench.
During the proceedings, Justice Mahaz Ali Zahir underscored the independent nature of the JSC as stipulated by the Maldivian Constitution. He elucidated that the commission's mandate includes jurisdiction over the appointment and removal of judges and addressing complaints related to judicial matters.
Justice Mahaz further elaborated on the delineated duties and powers of both the JSC and the DJA, emphasizing that certain responsibilities, such as training programs for judges and administrative arrangements for court staff employment, fall within the purview of the DJA as regulated by the rules set forth by the JSC.
Conclusively, the Supreme Court reaffirmed the decisions of the lower courts, emphasising the preservation of judicial independence and the adherence to legal procedures in matters concerning court administration.