Ex-AGs critique denying Azmiralda’s lawyer the chance to advocate for her

Former attorney generals Aishath Azima Shakoor and Fathimath Dhiyana Saeed has slammed Judicial Service Commission (JSC) for denying Supreme Court Justice Dr. Azmiralda Zahir’s lawyer the opportunity to advocate for her during the investigation into the disciplinary case against her.

JSC is investigating disciplinary cases against two Supreme Court justices – Azmiralda and Mahaz Ali Zahir – who were suspended by the Commission on February 26^th.

Both justices are accused of attempting to influence the Criminal Court to see to the release of Azmiralda’s husband, Dr. Ismail Latheef, who was arrested last December.

Mahaz was summoned to JSC regarding the case on Sunday while Azmiralda was summoned on Tuesday. Azmiralda’s lawyer, Ibrahim Shameel, expressed concern after he was banned from speaking when Azmiralda responded to the allegation against her at the Commission.

Azima, via a post on Facebook, noted that JSC, contrary to other institutions, conduct the last stage of investigation. She stressed that judges are removed from their posts based on the rulings of the Commission without them being given any further opportunity to defense themselves.

Azima, citing that every individual is entitled to the right to full legal assistance, stressed the right cannot be construed every during a state of emergency.

“The allegations against the Justice should be investigated. There is no disagreement about this. However, the Justice’s procedural and fundamental rights should also be upheld,” she added.

As such, Azima called on JSC to ensure Azmiralda’s right to legal assistance guaranteed by the constitution is not construed in any way.

Meanwhile, Dhiyana alleged the government was influencing the Supreme Court.

“It is much better to not have a court for namesake only, just to be meddled with,” she said, while sarcastically suggesting forming a presidential committee to decide on the constitutional case filed with Supreme Court, challenging the controversial anti-defection clauses recently added to the constitution.

Both Azmiralda and Mahaz and denied the allegations against them. Although Azmiralda requested open hearings in the case, JSC had not responded to the request.

JSC suspended three Supreme Court Justices on February 26th – Azmiralda, Mahaz and Husnu al-Suood – citing criminal investigations against them by the Anti-Corruption Commission (ACC). Suood subsequently resigned after raising serious allegations of government intimidation.

Suood has stated that the Supreme Court had faced numerous pressures from the administration ever since the court established it has jurisdiction to hear a case challenging the contentious amendment to add anti-defection provisions to the Constitution.

Azmiralda, in her response in the case against her on Tuesday, denied allegations that she tried to exert undue influence with respect to her husband's case, instead arguing that attempts have been made to influence her.