The Judicial Service Commission (JSC) has declared that the Supreme Court cannot hear the constitutional dispute case filed by suspended top court judge Abdulla Didi.
The decision was made during the JSC sitting held late Monday night. It was also decided that the Assistant Director of the commission would attend the Supreme Court to answer on behalf of the commission on the constitutional dispute, and to notify the court that the case cannot be heard by the court.
Last week, JSC made the decision to suspend the judge after the police notified the commission of an ongoing criminal investigation involving the judge.
Judge Didi denied allegations against him and filed a constitutional dispute at the Supreme Court, requesting to dismiss his suspension. The top court then issued a stay order on his suspension, ordering all authorities not to take any action against the judge. However, the JSC made the decision to maintain the suspension, stating that the Supreme Court order obstructs the commission's legal obligations.
Since then, the judicial committee of the parliament has backed JSC's decision and will be recommending the parliament to resolve that the JSC's decision was within the law.
In response to the committee's decision, the Supreme Court issued a second order, declaring that all action taken based on the JSC's decision defying Supreme Court orders will be invalid.
Judge Didi continues to attend to his official duties despite the suspension, stating that he will follow the Supreme Court order on the matter. While the commission is investigating the judge resuming his duties as a disciplinary issue, the judge was summoned to the commission late Monday night.
JSC member Mohamed Nasheed
