The case of dismissed Solicitor General, Sharvada Sharma was called for the first time in the Suva High Court today before Justice Deepthi Amaratunga, and the lawyers in the case argued a point brought up in court about removing the country's President from these proceedings.
Sharma filed legal action in relation to the termination of his employment on the 12th of November last year by former President Jioji Konrote.
The legal action is against the President of Fiji, the Judicial Services Commission and the Attorney General of Fiji.
The former Solicitor General is represented by Munro Leys partner Jon Apted who told the court today that this was the first call of their application for leave to take judicial review and they were seeking directions.
He is arguing that the process followed to terminate the employment of his client was unconstitutional.
Private law firm, R.Patel Lawyers partner Devanesh Sharma and associate Gul Fatima are representing the President, the Judicial Services Commission and the Attorney General.
Devanesh Sharma told the court that he has raised with Apted if they could consider removing the President from these proceedings as the fight is with the Judicial Services Commission.
He said it is a bit embarrassing for the President to be part of these kinds of proceedings.
Jon Apted told the court the reason the President is included is because the decisions are the decisions of the President.
He added that the correspondence from the President suggests that the President made those decisions in his own judgment after receiving advice so they have no option but to include the President.
A statement on the Government Facebook Page on 10th November last year said the President of Fiji at the time, on the advice of the Judicial Services Commission and in accordance with the Fijian Constitution, terminated the appointment of Sharvada Sharma.
Sharma was earlier suspended by former President Jioji Konrote for more than 7 weeks after an allegation of misbehaviour.
Sharvada Sharma is arguing that the President cannot dismiss him without an independent tribunal hearing the allegation and advising the President.
The case will be called again on the 18th of next month.
