A petition has been submitted to the Supreme Court seeking an order to prevent external influence in the case challenging the recent anti-defection amendment to the Constitution. The amendment strips sitting parliament members of their seats if they leave or are removed from the party under which they were elected.
The request for the order was made by former Kurendhoo MP and attorney Ali Hussain, who originally filed the petition contesting the amendment.
In a letter to Chief Justice Ahmed Mu-uthasim Adnan, Ali Hussain raised concerns over reports that the Judicial Service Commission (JSC) is investigating disciplinary cases against Supreme Court judges and preparing to launch a criminal probe into one of them. He also pointed to speculation that parliamentary motions may be submitted for the removal of certain judges, coinciding with the Supreme Court’s scheduled hearing on the constitutional amendment case on Monday.
Ali Hussain warned that such actions could obstruct the fair administration of justice. Citing these concerns, he urged the Supreme Court to issue an order preventing all state agencies from interfering in the court’s proceedings. He emphasized that the Supreme Court has the authority to issue such an order if judicial independence is at risk.
This is the first case in Maldivian judicial history to challenge a constitutional amendment. The case has received support from opposition parties, including the Maldivian Democratic Party (MDP) and The Democrats.