Dr. Waheed has remained a silent confederate of President Nasheed in the numerous instances of unconstitutional and immoral practices by the President and his Administration, that caused injury to public welfare and the interests of the State.
Two days ago Dr. Waheed broke his long silence and started giving interviews in international media against President Nasheed's unconstitutional actions against the Judiciary and political opposition.
In an interview to local media at his office today, Dr. Waheed attempted to position himself as the savior of the Republic by offering some hope for a viable solution to ‘situation catch-22’ between the Executive and the Judiciary. Dr. Waheed suggested to media to suspend Senior Judge Abdullah Mohamed from the judicial bench until the controversies around the judge are judiciously resolved.
However, Dr. Waheed’s recommended solution is deeply unjust to the Judiciary and to Judge Abdulla personally, in a case where clearly President Nasheed has contravened the constitution and laws while Judge Abdulla’s contraventions are mere allegations at this stage. Nasheed’s violations of constitution and law have been publicly stated by the country’s top lawyers such as the Prosecutor General Ahmed Muizzu, and not just by the Judiciary.
Hence, if Judge Abdulla is to be suspended in order to investigate the allegations against him by President Nasheed, then Nasheed, his Defence Minister Tholhath Ibrahim (DIK) and Home Minister Hassan Afeef, and his top military and police brass must also be suspended if the matter of Judge Abdulla's unconstitutional detention is investigated and adjudicated in a just and equitable way.
Leaving aside the question of who did what illegally, it boggles the mind to even think that any individual or group of individuals can impartially and independently adjudicate on the matter, in a country where such individuals are liable to be taken to military detention and solitary confinement should their deliberations or rulings displease President Nasheed.
Nasheed's unconstitutional arrest of Judge Abdulla contravenes basic human rights of every Maldivian. By denying Judge Abdulla his constitutional rights, the Executive is denying the rights of all Maldivians.
By arresting Judge Abdulla for his ruling ordering the release of opposition politician Dr. Mohamed Jameel Ahmed from illegal detention, President Nasheed has publicly demonstrated that he will interfere with the Judiciary at will should a Judicial ruling not be in his favor.
In reality, by proposing a solution which is unjust to every Maldivian citizen and not just Judge Abdulla, Dr. Waheed is obstructing Prosecutor General Muizzu from discharging his duties. Dr. Waheed is also undermining the independence of the Judiciary and Judicial Services Commission by indirectly suggesting that President Nasheed’s military arrest of Judge Abdulla is both legal and justified.