JSC chair defends dismissal of 2 SC judges; denies violations
The parliament passed the JSC's proposal to remove Azmiralda Zahir and Mahaz Ali Zahir from the Supreme Court bench following a debate on the matter.
Maafushi MP and President of the Judicial Service Commission (JSC), Hussain Riza Adam, on Wednesday defended the Commission’s decision to submit a proposal to the parliament to remove two Supreme Court judges, stating that there were no procedural errors in the investigation.
The parliament passed the JSC's proposal to remove Azmiralda Zahir and Mahaz Ali Zahir from the Supreme Court bench following a debate on the matter.
During the debate, which included criticism from lawyers and international organisations, as well as from the parliament’s Counsel General Fatimath Filza, Riza addressed the chamber for approximately 10 minutes, asserting that the JSC’s decision was procedurally sound.
"The decision of our Judicial Service Commission and our Judiciary Committee is valid. I note that there is no procedural violation that affects the rights of the judges," Riza said.
Referencing actions taken by the JSC and the 19th Parliament under the previous administration, Riza outlined several past decisions:
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In 2019, the JSC initiated proceedings against former Criminal Court Chief Justice Ahmed Hailam while a case involving former President Abdulla Yameen was pending.
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Hailam’s case was not referred to a sub-committee.
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In 2022, the JSC removed two High Court judges, Abdul Rauf and Abdulla Hameed, following a change in the composition of the investigative committee, even though the original committee had not found them guilty. The judges were not given an opportunity to respond to the charges.
Riza criticised the advice given by Counsel General Filza, referring to it as inconsistent.
"What is the procedure? They were not given the opportunity to answer and [the matter was] submitted to this [19th] parliament. What did you look at? Where was the advice of the General Counsel?" Riza asked.
He further stated that such recommendations should be grounded in legal principles, established laws, judicial customs, and precedents.
"[Filza's recommendation] should be based on the principles. It should be based on the laws. [And] customs and the courts of appeal. Stronger rules should be issued," he said.
Riza claimed that such decisions have led to division and misinformation in society. He concluded his remarks by expressing hope that the Counsel General would take a more responsible approach to such matters in the future.
The main concern raised by critics was that Azmiralda and Mahaz were not granted an opportunity to respond to the allegations before the recommendation for dismissal was submitted to the parliament.
