A Frustrated Judiciary ?
The judiciary stands as one of the fundamental pillars of a democratic society, entrusted with upholding the rule of law and ensuring justice prevails. Recent events, however, have raised questions about the effectiveness of the legal system. One stark example is the growing discontent among Justices over a number of issues, such as the Supreme Court’s protracted lack of a Secretary General and the critical shortage of courtrooms in the Criminal Court. In addition to jeopardizing the court system’s ability to function effectively, these problems also put the values it upholds in jeopardy.
Supreme Court’s Absence of a Secretary General
The Supreme Court of any country is the highest judicial authority, responsible for interpreting laws, safeguarding the constitution, and setting legal precedents. The role of the Secretary General within the Supreme Court is crucial for the smooth functioning of its administrative operations. The Secretary General is responsible for coordinating.
During the second hearing of Judicial Service Commission v. Abdulla Shakir and 9 others [2022/SC-A/72], the Supreme Court Justice Husnu Al Souud let his frustrations be heard.
It’s been two years now, we haven’t appointed a secretary general or the senior administrative staff to the Supreme Court, under what influence are we? How are we supposed to operate? So what are you talking about?
Justice Husnu Al Suood – Judicial Service Commission v. Abdulla Shakir and 9 others [2022/SC-A/72]
The Supreme Court justice continued questioning the Judicial Service Commission, asking when a Secretary General will be appointed to the Supreme Court. The Supreme Court isn’t the only court faced with such a problem. The High Court, Criminal Court, and Family Court have been running without a Chief Administrator
Criminal Courts Critical Infrastructure Crisis
Another distressing facet of the frustrated judiciary is the lack of proper infrastructure in criminal courts. The right to a fair and speedy trial is a cornerstone of justice systems around the world. However, the absence of adequate courtrooms for criminal cases paints a grim picture of inefficiency and injustice.
High Court Justice Mohamed Niyaz stressed the status of the Criminal Court during the Prosecutor General vs. Ahmed Amn [2023/HC-B12/53] hearing.
The law says speedy trial, but is there a place for speedy trial? We are talking about the court that faces all the criminal cases in this area, part of the court has collapsed, then how is it possible to work there ? I don’t think that the Prosecutor General Office and other state agencies are unaware of it. Shouldn’t you show a place to conduct the trial before you say that the trial should be done quickly ?
Justice Mohamed Niyaz – Prosecutor General vs. Ahmed Amn [2023/HC-B12/53]
Justice Mohamed Niyaz stated ” I don’t believe that the state is unaware that the Criminal Court has collapsed, that the Criminal Court cant hold trails, that there are dozens of cases filed there, that the trials has to be conducted by dividing into shifts, that the trails could not proceed due to lack of space. I believe that it should be resolved and then we can talk about it in the following way”
The Criminal Court ceased using the old building on February 22, 2023. It was later announced that the Criminal Court will be moved to the former COVID-19 facility building in Hulhumale’. However the Criminal Court is yet to relocate.
The frustrations doesn’t stop at the courts. Lawyers have expressed deep concerns regarding the understaffing issues plaguing Civil Court. The shortage of personnel within the court has a ripple effect on the entire legal process. Overworked clerks and administrative staff struggle to manage caseloads, resulting in significant delays in case proceedings and document processing. This backlog not only frustrates lawyers but also severely impacts their clients, who are often left waiting for extended periods to have their cases heard.
The frustrations within the judiciary, notably the prolonged absence of a Secretary General in the Supreme Court and the severe understaffing issues in Civil Court, underscore critical challenges that jeopardize the integrity and efficiency of our legal system. These issues not only lead to substantial delays in case proceedings but also undermine the quality of justice delivered. Lawyers rightly express their concerns, as these challenges affect their ability to serve their clients and uphold the principles of fairness and efficiency that are the bedrock of our legal system. Addressing these concerns is not only a matter of convenience but a fundamental necessity to preserve the credibility of our judiciary and ensure that justice is both accessible and timely for all