The Judicial Service Commission (JSC) decided yesterday to propose to the People’s Majlis (Parliament) the dismissal of Criminal Court Judge Hussain Faiz Rashad. This decision comes after it was proven that he acted in violation of the Constitution and laws. Consequently, Faiz was suspended for 60 days starting from last October. Among the cases investigated by the JSC were the release from custody of Ali Anwar Mohamed, who was accused in drug-related cases, and the manner in which he handled the detention of Haleemath Lamha, who was in pre-trial detention in a case involving the murder of a nurse.
Ali Anwar was arrested last October in connection with a drug case. After the court remanded him for five days, he was released without any conditions, and he subsequently departed for Sri Lanka. Through the efforts of the police, Ali Anwar was deported and brought back to the Maldives, where he was re-arrested. Ali Anwar was also arrested in 2019 in connection with a 70 kg drug case. Regarding Lamha’s case, while she was held in pre-trial detention, Judge Faiz released her from custody on two separate occasions. These decisions were overturned by the High Court. Judge Faiz stated that the most recent release of Lamha in October was because the state had not conducted a risk assessment regarding any threat she posed to the community. However, after Faiz’s suspension, on the 4th of this month, Lamha was again ordered to be held in pre-trial detention.
Judge Faiz was previously suspended in 2021 as well. On that occasion, the suspension was related to leaked audio recordings allegedly involving judges discussing the case of then-President Abdulla Yameen, who had been jailed. However, his suspension was lifted after it was determined that the audio recordings were not authentic. The JSC had also advised him in a case where he delivered a verdict without allowing a litigant to be present in court.
