Committee defers decision on Supreme Court nominations

The Judiciary Committee of Parliament has deferred its decision on the nominations of High Court Justice Mohamed Saleem and former High Court Justice Abdulla Hameed to the Supreme Court, allowing members more time for consideration.

Two seats on the seven-member Supreme Court bench became vacant following the removal of Justices Mahaz Ali Zahir and Azmiralda Zahir by Parliament on 14th of last month. The Judicial Service Commission (JSC) interviewed 12 candidates and recommended Hameed and Saleem for the vacant positions.

President Dr Mohamed Muizzu submitted the nominations to Parliament for approval in accordance with the JSC’s recommendation. The matter was referred to the Judiciary Committee during Monday's sitting of Parliament.

During the committee meeting, members agreed to postpone the decision. Holhudhoo MP Abdul Sattar noted that the President had forwarded names recommended by the JSC, and proposed that the committee delay its decision to allow members to review the nominations. This motion was supported by ruling party member Ashraf Rasheed, who pointed out that the names were received by the committee only today and that immediate action would not allow for adequate review.

Opposition Maldivian Democratic Party (MDP) Parliamentary Group Leader Ibrahim Nazil submitted a motion to approve both nominees without delay. Nazil referenced a prior committee decision to amend legislation for the dismissal of judges to be effective immediately upon parliamentary approval. He argued that similar urgency should apply in this case.

MDP MP Hussain Ziyad supported Nazil's motion, expressing concern over pending constitutional cases in the Supreme Court due to the lack of a full bench. He stated that delays in appointing new justices would continue to impact the court's ability to proceed with hearings.

The committee, which includes seven members from the ruling People’s National Congress (PNC), voted to convene again without reaching a decision at Monday's meeting.

According to the Judiciary Act, the appointment process for a Supreme Court judge involves the following steps:

Parliament, which holds a PNC super-majority, removed Azmiralda Zahir and Mahaz Ali Zahir from the judiciary following misconduct findings by the JSC. The removals were based on legal advice by Parliamentary Counsel General Fathimath Filza, who stated that the JSC had initiated disciplinary proceedings in contravention of established procedures.

Azmiralda, Mahaz, and former judge Husnu Suood were suspended by the JSC in February. Suood later resigned, citing alleged government interference in the judiciary—a claim the government has denied.

The suspension of the three justices occurred shortly before the Supreme Court was set to hear a case concerning the application of recent constitutional amendments, which could affect the status of parliamentary members. The hearing has since been stalled due to the absence of a full bench.