Lawyers seek removal of representative at judicial watchdog
The final decision on the dismissal of the judges is pending a full commission meeting.
Lawyers have started signing a petition seeking the removal of Ali Abdul Latheef, the lawyers' representative on the Judicial Service Commission (JSC).
Ali sits on the committee that suspended Justice Azmiralda Zahir and Justice Mahaz Ali Zahir. The committee is also involved in handling disciplinary cases while the Supreme Court is hearing matters concerning newly introduced conditions for the disqualification of members of Parliament.
The petition for Ali’s removal was shared in a Telegram group of lawyers. Husnu Suood, who was suspended on 26 February and resigned as a judge on 4 March, stated that he is working to submit an appeal to the Bar Council to remove Ali from the JSC.
Signatures for the petition will be collected through a designated Bar Council petition email. Suud indicated that the collection process aims to maintain the confidentiality of the signatories.
The petition notes that the removal process is being pursued under Article 165 of the Constitution and Article 7 of the Legal Profession Act. Key points from the articles include:
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Article 165 of the Constitution provides that a JSC member shall resign upon loss of appointed status or upon decision by the appointing authority.
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Article 7(l) of the Legal Profession Act outlines the procedure for removing a lawyer-elected member of the JSC, requiring a petition signed by 20 percent of registered lawyers.
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Upon submission of the petition, the Bar Council must conduct a vote on the matter within 14 days.
Ali Abdul Latheef, along with Civil Service Commission Chairman Mohamed Naseeh and Yazmeed Mohamed, a presidential appointee, formed the committee that decided to dismiss Justices Azmiralda and Mahaz.
The decision to recommend dismissal followed an inquiry into alleged attempts by Criminal Court judges to avoid the arrest of Azmiralda’s husband, Dr Ismail Latheef of IGMH.
The final decision on the dismissal of the judges is pending a full commission meeting. Judges had a seven-day period to respond to the inquiry report, a deadline that has now expired.
The JSC is also investigating two other matters:
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High Court Assistant Registrar Hussain Mohamed Haneef’s appearance before the Supreme Court and allegations of misconduct involving Husnu Suood in the presence of Justices Azmiralda and Mahaz.
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A disciplinary case against Azmiralda’s lawyer, Ibrahim Shameel, for issuing a public statement.
The suspension of the judges took place as a hearing was about to begin on an interim order concerning the application of the new grounds for parliamentary disqualification.
The constitutional case has been on hold for two months following the suspensions. At present, there are four judges serving on the Supreme Court.
Under the Courts Act, a constitutional case requires a bench of at least five judges.
Former High Court Chief Justice Hussain Shaheed has been appointed to the Supreme Court. The constitutional case is expected to remain paused until a decision is made regarding the suspended judges.
