JSC concludes hearings in disciplinary case against 2 SC judges
Justice Husnu Suood, one of the suspended justices, has since resigned.
The Judicial Service Commission (JSC) has concluded hearings in the disciplinary case involving Supreme Court Justices Azmiralda Zahir and Mahaz Ali Zahir.
The case concerns allegations that the two justices influenced the Criminal Court to prevent the arrest of Azmiralda’s husband, Dr Ismail Latheef of Indira Gandhi Memorial Hospital (IGMH).
Dr Latheef was reportedly to be arrested and brought before the Criminal Court after being found in a massage parlour. It is alleged that Justices Azmiralda and Mahaz intervened to influence the decision of the Criminal Court, resulting in his release prior to arrest.
Justice Mahaz appeared before the JSC for the final hearing at 9 a.m, followed by Justice Azmiralda at 10 a.m. on Sunday. It is understood that the hearings were conducted on behalf of the judges, with no specific details disclosed by the committee.
As per procedure, the JSC will now prepare a final investigation report. This report will include the findings of the committee and any action it deems appropriate. The judges will be given seven days to respond to the report. Both the response and the investigation report will be placed on the agenda for a future commission meeting, where a decision on disciplinary action will be taken.
Initial hearings in this case were held last month. The preliminary investigation report, based on statements taken from the two justices and three Criminal Court judges, was shared with the justices on the 13th of last month.
In parallel to the JSC investigation, the Anti-Corruption Commission (ACC) is conducting an inquiry into alleged corruption by the two justices involving undue influence on Criminal Court proceedings. Justice Azmiralda has filed a complaint against ACC President Adam Shamil, alleging interference in the judicial process. A related complaint was also submitted to the police, accusing Shamil of providing false information. The police did not proceed with that case.
The JSC is also reviewing several related and separate cases. These include:
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A matter involving High Court Assistant Registrar Hussain Mohamed Haneef, who is alleged to have appeared before the Supreme Court and accused Justices Azmiralda and Mahaz of misconduct.
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A disciplinary case against Azmiralda’s lawyer, Ibrahim Shameel, for issuing a public statement.
These cases were originally filed under a previous composition of the JSC. Proceedings on them were suspended around the time the Supreme Court was set to hear a case concerning the recent constitutional amendment on parliamentary seat loss.
The constitutional case in question pertains to an amendment allowing the removal of members of parliament if they are expelled from their political party. Judicial action on this matter was delayed for over a month following the suspension of three Supreme Court justices, including Azmiralda and Mahaz.
At the time of the suspension, the Supreme Court was left with only four sitting justices. Under the Courts Act, constitutional matters require a bench of at least five justices.
Justice Husnu Suood, one of the suspended justices, has since resigned. Former High Court Chief Justice Hussain Shaheed has been appointed to the bench. A new hearing on the constitutional case has not yet been scheduled.
