2 JSC members vote against removal of Supreme Court judges
Judges Mahaz, Azmiralda, and Husnu Suood were all suspended in February, ahead of a scheduled Supreme Court hearing on a constitutional amendment case.
Two members of the Judicial Service Commission (JSC) voted against the removal of Supreme Court Judges Mahaz Ali Zahir and Azmiralda Zahir, during a commission meeting held yesterday. The JSC meeting was convened to decide whether to forward the matter to Parliament for final approval.
The removal follows allegations that the judges influenced judicial proceedings relating to the arrest and remand of Azmiralda Zahir’s husband, Ismail Latheef, a doctor at Indira Gandhi Memorial Hospital (IGMH), who was reportedly detained at a massage parlour.
The JSC members who voted in favour of recommending the judges' removal were:
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Abdul Raheem Abdulla, Parliament Speaker and Chairperson of the ruling People’s National Congress (PNC)
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Justice Hussain Shaheed, Supreme Court
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Ali Abdul Latheef, representative of the legal profession
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Mohamed Yazmeed, member appointed by President Dr Mohamed Muizzu
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Mohamed Nasih, President of the Civil Service Commission
The following members voted against the recommendation:
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Judge Mohamed Niyaz, High Court
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Judge Farhad Rasheed, Civil Court, representing lower courts
The Commission's Chairperson, Hussain Riza Adam (MP for Maafushi), presided over the meeting but did not vote. Attorney General Ahmed Usham did not attend the session. Dr Aminath Ummu Kulsoom, the public representative appointed by Parliament, abstained.
Removal Procedure The JSC is constitutionally mandated to recommend the removal of judges, after which:
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The matter is forwarded to Parliament.
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The Judiciary Committee must confirm the JSC has followed procedures under the Commission Act and Judiciary Act.
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A two-thirds majority of members present and voting in Parliament is required for removal.
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The judge is formally removed upon parliamentary approval.
The Anti-Corruption Commission (ACC) is currently investigating Judges Mahaz and Azmiralda for alleged attempts to influence judges in the Criminal Court. The ACC had also sent a letter to the JSC recommending the suspension of both judges, which the JSC acted upon.
Azmiralda Zahir subsequently filed a complaint with the ACC, alleging that ACC President Adam Shamil influenced the ongoing probe. A related police complaint filed by Azmiralda, accusing Shamil of providing false information, was not accepted by the police.
Related Matters Under Review The JSC is also reviewing several related cases, including:
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Allegations involving High Court Assistant Registrar Hussain Mohammed Haneef, who appeared before the Supreme Court and was verbally abused by then Justice Husnu Suood in the presence of judges Mahaz and Azmiralda.
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A disciplinary inquiry against lawyer Ibrahim Shameel, who represents Azmiralda Zahir, for issuing a press statement.
Judges Mahaz, Azmiralda, and Husnu Suood were all suspended in February, ahead of a scheduled Supreme Court hearing on a constitutional amendment case. The amendment in question would allow Members of Parliament to lose their seats if expelled from their political party.
Following the suspension, the constitutional case remained stalled for over two months. According to the Courts Act, constitutional cases in the Supreme Court require a minimum five-judge bench. The bench composition changes when a judge resigns or is removed from office.
