President Dr. Mohamed Muizzu (R) and Judge Mohamed Hameed. (Sun Graphics/Mohamed Naail Hafeez)
The Supreme Court has been plagued with a lot of coincidences. There are also certain undisputable facts amid these coincidences, including the “promotion” received by Judge Mohamed Saleem.
The purpose of this isn’t to cast an eye of suspicion, but to explain facts.
On Wednesday, Saleem won the backing of the Parliament for appointment to the Supreme Court with a unanimous vote of 61. He was officially appointed mere hours later. The Supreme Court is the country’s highest judicial authority; the last line of defense against injustice. Appointment to the Supreme Court is the highest aspiration of any judicial official.
But the appointment to the Supreme Court comes amid questions as to whether he actually qualifies for the role.
Article 149 of the Constitution dictates that to qualify as a Supreme Court judge, an individual must be at least 30 years old, possess a first degree in Islamic Shariah or Law, and have at least seven years of experience as a judge or lawyer.
It is this last criterion that is in question.
Saleem was appointed as a judge at the High Court three years ago on August 9, 2022, prior to which he served for 12 years as one of the court’s legal officers.
In 2022, the Parliament, in which the then ruling MDP held a supermajority, approved Saleem for appointment to the High Court after deciding that the role of a legal officer is the same as a lawyer. His 12 years as a legal officer was therefore treated as experience as a lawyer.
There’s no use of entering the legal debate as to whether Saleem qualifies for the role. We will take a look at what history tells us.
Yameen’s court case got delayed because of Saleem
President Dr. Mohamed Muizzu was able to come to power in 2023 because the appeal of the money laundering and bribery conviction against former President Abdulla Yameen Abdul Gayoom – the then-leader of PPM-PNC - dragged on for months. Yameen was detained at Maafushi Prison following an 11-year prison conviction issued against him on December 25, 2022 by the Criminal Court over the sale of V. Aarah. With Yameen seemingly out of the running, this created intense rivalry within the PPM-PNC for the coalition’s presidential ticket.
The finger of suspicion got pointed at President Muizzu very early on. Adam Rameez, who would go on to serve as a minister at the President’s Office in the incumbent administration, was even kicked out of the PPM back then for campaigning for President Muizzu.
While the entire PPM leadership appeared united against the “haram conviction” against Yameen, they also reveled in the opportunities it created for them to further their own political careers.
Yameen had appealed his conviction with the High Court in February 2023, but the process would drag on for months, leaving him behind bars as the election approached. The court case drew to a halt with Saleem, one of the three members in the bench that was hearing the appeal, out on leave. It wasn’t just Saleem’s vacation that afflicted the appeal. The prosecutors kept getting sick, delaying hearings. One of the prosecutors who represented the state in the case is Aishath Mohamed, who was appointed as deputy prosecutor general on May 10.
“I know the exact [incumbent] minister who called Saleem. And I also know the exact person who made the call from higher up. I also have the names of other people who called Saleem,” said Yameen, recounting his lengthy appeal process during a PNF rally on May 30.
According to Yameen, the only criterion that Saleem fits is that he delayed his appeal. He alleged that it was orchestrated from within the PPM-PNC. And while he claimed to know the people who orchestrated it, he did not name any names.
“This administration wouldn’t exist if Judge Saleem didn’t exist,” said a close aide to Yameen when asked for a comment regarding this coincidence.
But this is not enough.
Is this a mere coincidence?
President Muizzu has brushed off the earthquake that hit the Supreme Court bench, as they heard a case challenging the controversial anti-defection clauses added to the Constitution that effectively tied up parliamentarians, as mere “coincidences”.
President Muizzu has repeatedly said he does not lie or hold personal grudges. He has also repeatedly advised people to speak the truth.
Such words, spoken repeatedly, can only be the truth. It must truly be mere coincidences.
This is a debate for another time.
Let’s compare the former judges dismissed from the Supreme Court with their replacements.
The government has provided an official response regarding the allegations being made by Yameen and other such political figures on how Saleem came to be among the top picks for the Supreme Court. President Muizzu has not made a comment. This, again, appears likely to be a coincidence.
There is bipartisan agreement among many regarding the integrity and honesty of the two judges who were dismissed from the Supreme Court. There’s certainly no question regarding their capability and qualification.
Dr. Azmiralda Zahir
Azmiralda completed her higher studies in the UK, with a L.L.B Honors from the University of Cardiff, a L.L.M Degree from the University of Portsmouth, and a PhD in International Intellectual Property Law from the University of Exeter.
She obtained her license to practice law in 1999. In 2001, she worked in the legal section of Male’ Municipality and from 2002 to 2007, she worked at the Maldives Law Commission which was overseen by the Attorney General’s Office. During that timeshe worked on drafting bills to be summited to Parliament. In 2009, she joined the Maldives College of Higher Education and subsequently held the post of the Dean of the Faculty of Shariah and Law.
In 2011, Azmiralda was appointed as a judge of the High Court, where she became the first female judge to be appointed to an appellate court. In 2015, she was appointed to the Southern Branch of the High Court.
She was appointed as a justice of the Supreme Court in 2019, as one of the two first female judges to be appointed to the country’s top court.
She was dismissed after a series of coincidences on May 14.
Mahaz Ali Zahir
Mahaz attained LLB at Maldives College of Higher Education (now Maldives National University) in 2007. He completed LLM at International Islamic University (IIUM), in 2010.
He attained his license to practice law in 2007, after which he worked as an attorney at the Attorney General’s Office, and later as a public prosecutor at the Prosecutor General’s Office, representing the state in lower and superior courts, as well as taking part in drafting several key legislations.
With the enactment of Drug Act in 2011, Mahaz was appointed as a judge at the Drug Court, where he played an integral role in the development of court and formulation of the regulations required by the Drug Act.
He was appointed as a judge at the Supreme Court in 2019.
Mahaz also publishes a number of papers and books during his career.
Papers published:
Books written:
Now let’s compare them with the experience and qualifications of their replacements.
Mohamed Saleem
Saleem attained his Bachelor’s degree from Kulliyathul Dhiraasathul Islamiyya. He has 12 years of experience as a legal officer at the High Court, and three years of experience as a judge at the High Court.
Abdulla Hameed
Hameed attained his higher education from the Al-Azhar University in Egypt. He served as a judge at the Civil Court, before moving to the High Court, where he went on to serve as a judge for 14 years and six months, and served as the court’s representative at the Judicial Service Commission.
He was dismissed from the High Court in 2022, for accepting a flat from the government during Yameen’s administration.
These are all undeniable facts.
One thing is clear. Saleem clearly qualifies for his new role based on past precedence.
The current series of “coincidences” appear to be eerie echoes of the past.