Committee sends report despite Filza's JSC procedure violation advice

The Judiciary Committee of the Parliament has forwarded its report recommending the dismissal of Supreme Court Justices Mahaz Ali Zahir and Azmiralda Zahir, despite advice from Parliamentary Counsel General Fatimath Filza that the Judicial Service Commission (JSC) did not follow due process in initiating the investigation.

The JSC launched a disciplinary investigation against the two judges over allegations that they influenced a Criminal Court decision regarding the remand of Azmiralda Zahir’s husband, Dr Ismail Latheef, who was arrested at a massage parlour.

Following the investigation, the JSC requested Parliament to remove the two judges from the Supreme Court bench.

In her advice to the Judiciary Committee, Filza stated that the JSC had failed to adhere to the legal procedures outlined in the JSC Act. Specifically, she said the JSC initiated the case without referring it to the designated ‘Case Decision Committee’ responsible for determining whether cases should proceed.

The JSC’s report to the Parliament presented inconsistencies. It stated that the case was initiated by the Commission on its own, yet also described the matter as originating from a complaint by a private party. When asked to clarify, the JSC said the case was initiated after a letter addressed to the JSC Chair was discussed at a commission meeting and subsequently treated as a disciplinary matter.

According to the JSC Act, such cases must be referred to the Case Decision Committee before being pursued. Filza stated that this step was not followed.

Despite these concerns, the Judiciary Committee concluded that the JSC had complied with the procedural requirements and voted to send its report to the full Parliament for a final decision. The Committee included Filza’s recommendation in the report but did not alter its decision.

Hithadhoo South MP Ibrahim Nazil, who leads the Maldivian Democratic Party (MDP) Parliamentary Group, objected to the Committee’s decision. He proposed that the committee revisit the issues raised in Filza’s recommendation and conduct further review before finalising the report. His motion did not receive any support from other committee members.

The final decision on whether to remove the judges now rests with Parliament.