PNC replaces committee member amid SC judges' removal review

The ruling People’s National Congress (PNC) has replaced a member of the Parliament’s Judiciary Committee, which is currently reviewing the Judicial Service Commission’s (JSC) proposal to remove Supreme Court judges Azmiralda Zahir and Mahaz Ali Zahir.

The Speaker of Parliament, Abdul Raheem Abdulla, announced the change in committee membership on Wednesday. Feydhoo’s former MP Ismail Nizar was removed from the committee and replaced by Kolamaafushi MP Ibrahim Didi. The change was made before the committee held its second meeting on the matter.

The Judiciary Committee has so far convened only once to address the JSC proposal. In that initial meeting, the committee agreed to examine all case documents before deciding on whether to summon the judges in question and the JSC members involved in the inquiry.

Azmiralda Zahir has sent a letter to Parliament requesting to appear before the committee. The committee had earlier asked her to cooperate with its investigation.

The JSC decided to seek the removal of Azmiralda and Mahaz after they allegedly influenced the Criminal Court in the case concerning Azmiralda’s husband, IGMH doctor Ismail Latheef, who was arrested and detained at a massage parlour.

The procedure for the removal of judges includes approval by the JSC, followed by a review from the Judiciary Committee to determine whether the decision was made in accordance with the Commission Act and the Judiciary Act. The removal must then be approved by a two-thirds majority of MPs present and voting in Parliament. Judicial resignations must also be approved by Parliament.

In addition to the JSC proceedings, the Anti-Corruption Commission (ACC) is investigating allegations of misconduct by the two judges. The ACC has informed the JSC that both Azmiralda and Mahaz are subjects of an investigation related to influencing judges at the Criminal Court. They are currently suspended from the bench.

Azmiralda has filed a complaint with the ACC, alleging that ACC President Adam Shamil influenced the investigation. She has also filed a police complaint accusing Shamil of providing false information. The police did not accept the case.

The JSC has launched further inquiries, including a case involving High Court Assistant Registrar Hussain Mohamed Haneef, who was summoned to the Supreme Court by then Justice Husnu Suood in the presence of Azmiralda and Mahaz. The Commission is also investigating a disciplinary matter involving Azmiralda’s lawyer, Ibrahim Shameel, who issued a press release on the judges’ behalf.

The suspensions of Azmiralda, Mahaz, and former judge Husnu Suood took effect in February, just before a Supreme Court hearing on an interim order related to the application of new grounds for parliamentary seat loss. The case concerns a constitutional amendment allowing MPs to lose their seats if expelled from their political party.

The suspension of the three judges left only four active justices on the Supreme Court bench. According to the Courts Act, constitutional cases require a minimum five-judge bench. The suspension effectively paused the constitutional case for more than two months.