LawAsia, Indian Bar Association call for transparent removal of Maldives judges
Judges Azmiralda, Mahaz, and a third judge who has since resigned were suspended in February.
The LawAsia and Indian Bar Associations have issued statements urging that the removal process of two Maldivian Supreme Court judges—Azmiralda Zahir and Mahaz Ali Zahir—be conducted transparently and in accordance with procedural fairness.
The Judicial Service Commission (JSC) has moved to dismiss the two judges following allegations that they influenced a Criminal Court decision concerning the arrest and detention of Dr Ismail Latheef, an IGMH doctor and the husband of Justice Azmiralda Zahir, after an incident at a massage parlour.
The JSC’s inquiry and hearings were conducted behind closed doors. Justice Azmiralda had requested that the proceedings be held publicly. The Judiciary Committee of Parliament also held its meeting on the matter in private and voted to proceed with the removal of the judges on Sunday.
LawAsia stated that the suspension of the judges took place shortly after a constitutional case was filed in the Supreme Court against the state and Parliament. The organisation expressed concern about the lack of transparency and due process, noting that the handling of the matter raises questions about judicial independence.
The Bar Council of Maldives and the Commonwealth Lawyers Association have also voiced concerns over the secrecy surrounding the removal proceedings. The Bar Association of India echoed these concerns and emphasised the importance of upholding the rule of law and judicial independence in the Maldives. It endorsed the statements made by LawAsia, the Bar Council of Maldives, and the Commonwealth Lawyers Association.
On Sunday, the Judiciary Committee of Parliament decided to forward the JSC’s inquiry report to the full chamber. The decision was made in a session that was kept closed to the public. The report was passed by five members from the ruling People’s National Congress (PNC). Two opposition Maldivian Democratic Party (MDP) members boycotted the meeting in protest over the lack of transparency.
Judges Azmiralda, Mahaz, and a third judge who has since resigned were suspended in February. The suspensions occurred as the Supreme Court was preparing to hear an interim motion on the constitutionality of a recent amendment concerning parliamentary seat vacancies triggered by party expulsion. The court had decided to proceed with the case prior to the suspensions.
The case has since been stalled for over two months due to the suspensions. With only four active justices remaining on the bench, the court cannot meet the five-judge requirement to hear constitutional cases as stipulated under the Courts Act. Additionally, when a judge resigns or is removed, the composition of the bench hearing a case is subject to change.
