No indication on when the ruling in the case of the dismissed Solicitor General will be delivered

No indication on when the ruling in the case of the dismissed Solicitor General will be delivered

By Vijay Narayan
Monday 24/10/2022
[Photo: File]

There is still no indication on when the ruling in the case of dismissed Solicitor General Sharvada Sharma will be delivered.

The ruling was deferred three times in May this year, and it was then stated that it will be delivered on notice.

Sharma’s lawyer, Jon Apted has no idea on the ruling as it is a ruling on notice.

Sharvada 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, Judicial Services Commission and the Attorney General of Fiji.

Sharma’s lawyer Jon Apted has argued 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.

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 last year after the former Solicitor General who represented the Supervisor of Elections lost the Niko Nawaikula case.

Apted had said in court that the Judicial Services Commission does not have powers under the constitution to advise the President to remove the Solicitor General.

Apted further stated that the President cannot remove the Solicitor General without an independent Tribunal’s recommendation.

The constitutional lawyer also says that there was never any suggestion that if Sharvada Sharma did not respond to the Judicial Services Commission’s questions, then it is misbehaviour.

High Court Judge, Justice Deepthi Amaratunga heard the case.

We are currently trying to get an indication on the ruling on notice.

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