Committee to decide later on questioning 2 Supreme Court judges
The JSC had written to the committee seeking the removal of the two judges.
Parliament’s Judiciary Committee on Monday decided to further review the Judicial Service Commission’s (JSC) recommendation to remove two Supreme Court judges, Mahaz Ali Zahir and Azmiralda Zahir. A final decision has been deferred pending a review of documents submitted by the JSC.
The JSC had written to the committee seeking the removal of the two judges following allegations that they influenced the Criminal Court’s decision on the arrest and detention of Azmiralda’s husband, Ismail Lateef, a doctor at Indira Gandhi Memorial Hospital, in connection with an incident at a massage parlour.
The Judiciary Committee held its first meeting on the matter following the JSC’s decision. Members agreed not to make a decision during Monday’s session and instead committed to reviewing the investigation report and accompanying documents.
Committee members expressed differing views on whether the accused judges should be summoned before a decision is made. Faresmathoda MP Ashraf Rasheed (PNC) proposed that the committee examine the documents before deciding on summoning individuals. Kendhoo MP Mauroof Zakir (MDP) proposed that both the judges and the JSC inquiry committee members be summoned.
The committee, with a government majority, endorsed MP Ashraf’s proposal, which was supported by Feydhoo MP Ismail Nizar.
Azmiralda had sent a letter to Parliament requesting an opportunity to appear before the committee and respond to the allegations. She had also previously been requested to cooperate with the investigation by the committee.
Removal procedure according to existing procedure:
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The JSC must approve and recommend a judge’s removal to Parliament.
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The Judiciary Committee must verify whether the JSC followed the procedures outlined in the Commission Act and the Judiciary Act.
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Parliament must approve the removal by a two-thirds majority of members present and voting.
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Upon approval, the judge is removed from office.
Ongoing Investigations and Related Issues Both judges are also under investigation by the Anti-Corruption Commission (ACC) for allegedly influencing Criminal Court judges. Following a request from the ACC, the JSC suspended the two judges.
Azmiralda has filed a complaint with the ACC alleging that ACC President Adam Shamil influenced the investigation. She also submitted a police complaint accusing Shamil of providing false information, but the police did not accept the case.
The JSC is also investigating additional cases:
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High Court Assistant Registrar Hussain Mohamed Haneef has claimed that Azmiralda and Mahaz were present when he was verbally abused by former judge Husnu Suood during a Supreme Court appearance.
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A disciplinary inquiry has been launched against Azmiralda’s lawyer, Ibrahim Shameel, for releasing a public statement.
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Azmiralda, Mahaz, and former judge Husnu Suood were suspended in February, ahead of a hearing on a constitutional case involving the loss of parliamentary seats following expulsion from political parties.
The suspension of the three judges delayed proceedings on the constitutional case for more than two months. The Supreme Court bench was left with only four judges, while the Courts Act mandates a minimum of five judges for constitutional matters. Bench compositions may also change when a judge resigns or is removed.
