Dismissal of top court justices forwarded to Judiciary Committee for review

Parliament’s Judiciary Committee has been tasked with reviewing the Judicial Service Commission (JSC)’s decision to recommend the dismissal of Supreme Court justices Dr. Azmiralda Zahir and Mahaz Ali Zahir.

JSC suspended three Supreme Court justices on February 26^th – Husnu Al-Suood, Dr. Azmiralda Zahir and Mahaz Ali Zahir – citing criminal investigations against them by the Anti-Corruption Commission (ACC). Suood subsequently resigned on March 4^th as JSC investigated disciplinary cases against the three justices.

The Commission, on Sunday, said its Disciplinary Committee found both Azmiralda and Mahaz guilty of influencing Criminal Court judges and, as such, they have resolved to recommend their dismissal to the Parliament.

In the letter submitted to the Parliament, JSC said it finds both Azmiralda and Mahaz guilty of influencing Criminal Court judges to release Azmiralda’s husband, Dr. Ismail Latheef, who was arrested last December.

Azmiralda has submitted a letter to the Parliament seeking the opportunity to appear before the Judiciary Committee alongside her legal representative to share complaints and concerns surrounding her disciplinary case before the Committee decides on her dismissal.

In her letter, Azmiralda stressed that the JSC investigation against her was procedurally unlawful and beyond the scope of the law.

Notably, the top court justice requested public hearings during the JSC's review of her case and sought the opportunity to raise her concerns before the Commission reached a decision regarding her dismissal as recommended by the Disciplinary Committee. Both requests were denied.

Three out of the seven Supreme Court justices were suspended as the court reviewed a case challenging a contentious amendment to the Constitution that added anti-defection clauses. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

On the same day the justices were suspended, a ruling PNC-dominated Parliament passed a contentious amendment to the Judicature Act to downsize the Supreme Court bench from seven to five justices. However, President Dr. Mohamed Muizzu has sent the bill back to Parliament for reconsideration. The Parliament has again sent the bill to Judiciary Committee for amendments despite calls from the opposition as well as from within PNC itself to reject the bill.

Both Azmiralda and Suood have accused President Muizzu of influencing the judiciary – an allegation denied by the President during a press conference on Saturday.