Disciplinary case: SC judges sought HC docs on Arshad Khalid
Suood resigned last week, while Mahaz and Azmiralda remain suspended.
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Supreme Court had earlier submitted a letter to the Judicial Service Commission (JSC) regarding the case of High Court Assistant Registrar Hussain Mohamed Haneef, who was allegedly summoned to the Supreme Court, where former Justice Husnu Suood used inappropriate language.
The case is currently under investigation by the JSC.
On Thursday, the JSC decided to hear the case of Justices Mahaz Ali Zahir and Azmiralda Zahir, who were present when Suood spoke before Haneef.
The Supreme Court’s letter also requested the JSC to examine the involvement of three High Court judges:
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Mohamed Niyaz
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Chief Justice Hussain Shaheed
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Mohamed Faisal
According to the letter, Haneef was summoned to the Supreme Court for not sending required statements in a case concerning the High Court’s order to arrest and produce Arshad Khalid. The Supreme Court noted that the absence of these documents was an issue, as a decision on the remand order had to be made within seven days.
The Supreme Court’s letter to the JSC outlined the following points:
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The High Court sent a letter to the Chief Justice stating that the requested documents could not be provided without a separate order.
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The letter was signed by Haneef.
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Haneef was asked to clarify the legal basis for withholding the documents without an order.
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After clarification, Haneef was instructed to send the documents within an hour.
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Supreme Court judges reviewed the hearings on the High Court’s YouTube channel.
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The delay in providing documents was viewed as an attempt to withhold information.
The letter also stated that the High Court had not been cooperating in some other cases and requested the JSC to investigate and take necessary action. The Supreme Court noted that in appeal proceedings, it was not standard practice to order a copy of a lower court decision, nor was it legally required.
The Supreme Court later quashed the High Court’s order to arrest and produce Arshad Khalid, ruling that the High Court had not previously issued an order requiring him to appear in court. As a result, an arrest warrant could not be issued for his absence.
Suood resigned last week, while Mahaz and Azmiralda remain suspended. The suspensions were issued as the Supreme Court was about to begin hearings on an interim order regarding a constitutional amendment that would result in a member of parliament losing their seat if expelled from their party.
With three judges suspended, the case has stalled. The Supreme Court currently has four active judges. Under the Courts Act, constitutional cases require a minimum of five judges to proceed.
