Committee to review Azmiralda's complaint over JSC cases

The Parliament’s Judiciary Committee has decided to review a complaint submitted by Supreme Court Justice Azmiralda Zahir, who alleges that the Judicial Service Commission (JSC) initiated disciplinary proceedings against her in violation of due process.

Justice Azmiralda, along with Supreme Court Justice Mahaz Ali Zahir and former Justice Husnu Suood, was suspended in February. The JSC is currently investigating two behavioural complaints against Mahaz and three against Azmiralda. Among the allegations are claims that both justices influenced judges of the Criminal Court in a case involving Azmiralda’s husband, Dr Ismail Latheef of IGMH, to prevent his arrest.

Another issue under investigation involves a High Court official, Assistant Registrar Mohamed Haneef, who was allegedly subjected to disparaging remarks by then-Justice Suood in the presence of Mahaz and Azmiralda. The JSC is also investigating Azmiralda’s lawyer, Ibrahim Shameel, over the publication of a press release.

Justice Azmiralda has requested Parliament to examine the composition and conduct of the inquiry committee formed by the JSC to investigate the matter. The members of the JSC’s inquiry committee include:

Justice Azmiralda submitted the request in March. However, parliamentary activity was limited during the last ten days of Ramadan and the Eid holidays, followed by a quiet opening week.

Opposition MDP MP Mauroof Zakir moved the motion to initiate a review. This was followed by a proposal from Central Fuvahmulah MP Ali Fazad, a member of the ruling People’s National Congress (PNC), which included the following actions:

Fazad’s proposal was passed unanimously by the committee.

Vice-Chairperson and Huraa MP Anara Naeem proposed that the committee’s proceedings be held behind closed doors due to personal details in Azmiralda’s letter. The proposal was not adopted, although the livestream audio was muted during parts of the discussion for the same reason.

The disciplinary proceedings against the judges coincided with the suspension of a Supreme Court hearing on a constitutional amendment related to the loss of parliamentary seats due to party expulsion. The three-judge suspension left the court with only four active justices, below the required five-judge bench needed under the Courts Act to hear constitutional matters.

Former High Court Chief Justice Hussain Shaheed has since been appointed following the resignation of suspended Justice Husnu Al Suood. However, a hearing on the constitutional amendment has not yet been scheduled.

Meanwhile, the Anti-Corruption Commission (ACC) is investigating separate allegations against Azmiralda and Mahaz involving influence over Criminal Court judges. The JSC suspended the judges after receiving a letter from the ACC.

Justice Azmiralda has submitted a complaint accusing ACC President Adam Shamil of interfering in the judicial process. A separate complaint filed with the police, alleging that Shamil provided false information, was not accepted by police.

The ACC has collected statements from three Criminal Court judges as part of its inquiry but has yet to question Justices Azmiralda or Mahaz.