Parliament to Review Motion to Dismiss Criminal Court Judge Hussain Faiz

Parliament has received a motion seeking the dismissal of Criminal Court Judge Hussain Faiz Rashad over alleged violations of the Constitution and judicial conduct rules in his handling of a high-profile remand case.

The motion, submitted by the Judicial Service Commission (JSC), was tabled on the parliament floor today and referred to the Judiciary Committee for review. 

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In a letter sent to parliament, the JSC said it had investigated a complaint concerning Judge Faiz’s decision in the case of Ali Anwar Mohamed, a suspect alleged to be involved in large-scale drug smuggling into the Maldives. The commission concluded that Judge Faiz had acted in violation of the Constitution and the laws governing the judiciary.

The case centres on the remand and subsequent release of Ali Anwar, who has been accused of drug trafficking. He was arrested last October and remanded for five days by the Criminal Court. However, when he appeared before the court for an extension of his remand, he was released without any conditions. Following his release, an attempt was made to arrest him under a different order, but by then he had fled to Sri Lanka.

Police later worked with Sri Lankan authorities to deport Ali Anwar back to the Maldives, where he was re-arrested on arrival. He had previously been arrested in October 2019 in a joint operation involving the Maldivian Coast Guard and Sri Lanka Police, during which 70 kilogram  drugs were seized from two vessels – an Iranian boat and a Maldivian fishing vessel named Hedheyekuri-7.

In its communication to parliament, the JSC said Judge Faiz’s conduct in relation to these proceedings amounted to a breach of his constitutional and legal obligations. The commission had already suspended him for 60 days last month, the maximum period for which a judge can be suspended.

In addition to the Ali Anwar case, Judge Faiz is also facing criticism over his decisions regarding the custody of Haleemath Lamha, a suspect in the 2021 murder of nurse Mary Grace, who worked at Indira Gandhi Memorial Hospital (IGMH). He is accused of ordering Lamha’s release from custody on two occasions, with the High Court overturning the decision both times.

The JSC is also investigating cases involving High Court judges, signalling a broader review of judicial conduct across different tiers of the court system.