The High Court has ruled in favour of dismissed Solicitor General, Sharvada Sharma in relation to his application for leave or permission to apply for a judicial review against his termination.
The court has also ordered the three respondents to pay $5,000 in costs in 21 days. Sharma had taken legal action against the President of Fiji, the Judicial Services Commission and the Attorney General of Fiji in relation to the termination of his employment on the 10th of November 2021 by former President Jioji Konrote.
That was the last action taken by Konrote before he left office.
Sharma’s lawyer Jon Apted had earlier argued in court that Sharma’s dismissal was in breach of the relevant provisions of the constitution governing process.
He had said that Sharma was not accorded common law rights to natural justice.
Sharma was suspended without pay and later terminated as Solicitor General.
He was suspended by the President of Fiji on 20th September 2021 on the advice of the Judicial Services Commission.
Under sections 112 and 116 of the Constitution, the Solicitor General can only be removed from office after a proper inquiry by an independent tribunal.
R Patel Lawyers partner Devanesh Sharma who represented the Attorney General, President of Fiji and the Judicial Services Commission had revealed details in court about the complaint to the Judicial Services Commission by the Supervisor of Elections, Mohammed Saneem against dismissed Solicitor General Sharvada Sharma.
The complaint was made in 2021 after the former Solicitor General who represented the Supervisor of Elections lost the Niko Nawaikula case.
Devanesh Sharma said the Supervisor of Elections was not consulted prior to submissions being filed by Sharvada Sharma on his behalf.
