JSC recommends removal of 2 Supreme Court judges
Judges Mahaz, Azmiralda, and former judge Husnu Suood were suspended in February.
The Judicial Service Commission (JSC) has decided to remove Supreme Court Judges Mahaz Ali Zahir and Azmiralda Zahir following an internal investigation into alleged interference in a criminal case involving Azmiralda’s husband, Dr Ismail Latheef.
The JSC convened at 2 p.m. Sunday to deliberate on the findings of a committee of inquiry established to investigate the matter. The inquiry committee recommended the removal of both judges, and the JSC adopted this recommendation during the meeting.
The allegations relate to the influence exerted over judicial proceedings involving Dr Ismail Latheef, who was apprehended from a massage parlour. The case involved determining whether he should be placed in pre-trial detention by the Criminal Court.
According to procedure, once the JSC approves a recommendation for a judge’s removal, the matter is referred to Parliament. The Judiciary Committee of Parliament is required to verify whether the JSC followed procedures outlined in the Judicial Service Commission Act and the Judicature Act. A two-thirds majority vote in Parliament is required to finalise the removal of a judge. The judge is considered dismissed following parliamentary approval.
The Anti-Corruption Commission (ACC) is separately investigating a case involving alleged corruption and influence over Criminal Court judges by both Mahaz and Azmiralda. Their suspension was based on a letter from the ACC to the JSC.
Azmiralda has also filed a complaint with the ACC, alleging that ACC President Adam Shamil interfered in the case. She further submitted a complaint to the Maldives Police Service, accusing Shamil of providing false information. The police did not accept the complaint.
The JSC has also launched inquiries into additional matters. These include:
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High Court Assistant Registrar Hussain Mohammed Haneef appearing before the Supreme Court and former judge Husnu Suood verbally abusing him in the presence of Mahaz and Azmiralda.
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A disciplinary investigation into Azmiralda’s legal representative, Ibrahim Shameel, for issuing a press release.
Judges Mahaz, Azmiralda, and former judge Husnu Suood were suspended in February, coinciding with a scheduled hearing on an interim order in a constitutional case. The case relates to a recent constitutional amendment allowing Members of Parliament to lose their seats if expelled from their political party.
The suspension of the judges affected the progress of the constitutional case, which remained stalled for over two months. Although four judges remained on the bench, the Courts Act mandates a minimum of five judges to hear constitutional matters in the Supreme Court. The composition of the bench can only be changed if a judge resigns or requests to be relieved.
