Committee postpones review of proposal to dismiss SC judges
The JSC suspended Azmiralda, Mahaz, and former judge Husnu Suood in February.
The Parliament’s Judiciary Committee on Tuesday cancelled a scheduled meeting to review the Judicial Service Commission (JSC)’s proposal to remove two sitting Supreme Court judges, Mahaz Ali Zahir and Azmiralda Zahir.
The committee was scheduled to examine documents related to the proposed dismissal at 11 a.m. on Tuesday. The meeting was first rescheduled for 1 p.m., but later cancelled without an official reason provided to members.
The review stems from a JSC decision to remove the two judges based on allegations that they influenced the Criminal Court in matters related to the arrest and detention of Dr Ismail Latheef, Azmiralda’s husband and a doctor at Indira Gandhi Memorial Hospital (IGMH). He was arrested at a massage parlour.
The Judiciary Committee held its first session on the matter on Monday, where it was agreed that relevant documents would be reviewed before deciding whether to summon individuals for testimony. Azmiralda has since requested an opportunity to appear before the committee. She had earlier been asked to cooperate with the inquiry.
According to existing procedures, the removal of a judge from office follows a multi-step process:
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The JSC must approve the removal and submit the recommendation to Parliament
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The Judiciary Committee must review whether the JSC followed procedures outlined in the Judicial Service Commission Act and the Judiciary Act
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A two-thirds majority of members present and voting in a Parliament sitting must approve the removal
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Any judicial resignation must also be approved by Parliament
The Anti-Corruption Commission (ACC) is concurrently investigating Mahaz and Azmiralda for allegedly influencing judges at the Criminal Court. Following a letter from the ACC to the JSC, both judges were suspended. Azmiralda has also submitted a complaint to the ACC alleging that its president, Adam Shamil, attempted to influence the ongoing inquiry. She further lodged a case with the police accusing Shamil of providing false information, though the case was not accepted by the police.
In addition to this case, the JSC has initiated disciplinary investigations involving:
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High Court Assistant Registrar Hussain Mohamed Haneef, who was summoned to the Supreme Court by then Justice Husnu Suood in the presence of Mahaz and Azmiralda
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Azmiralda’s lawyer, Ibrahim Shameel, for releasing a public statement about the matter
The JSC suspended Azmiralda, Mahaz, and former judge Husnu Suood in February, just as the Supreme Court was set to hear an interim order related to a constitutional case. The case concerns the validity of a constitutional amendment that permits the removal of MPs if expelled from their political parties.
The hearing was suspended after the judges were removed, delaying the proceedings for over two months. With three judges suspended, only four remained on the Supreme Court bench, which is below the five-judge minimum required under the Courts Act to hear constitutional matters.
The composition of the bench is also subject to change if a judge resigns or is removed from office.
