The situation extends beyond the immediate allegations. Both judges are under investigation by the ACC for allegedly influencing Criminal Court judges. Following a request from the ACC, the JSC suspended the two judges.
The Maldivian judiciary is currently under intense scrutiny as Parliament’s Judiciary Committee deliberates on the potential removal of two Supreme Court judges, Mahaz Ali Zahir and Azmiralda Zahir. This development follows allegations of judicial misconduct and has significant implications for the nation’s legal system.
The Judicial Service Commission (JSC) has formally recommended the dismissal of Judges Mahaz Ali Zahir and Azmiralda Zahir. The recommendation stems from accusations that the judges attempted to influence a Criminal Court decision concerning the arrest and detention of Dr. Ismail Lateef, Azmiralda’s husband, linked to an incident at a massage parlour. The JSC’s letter to Parliament underscores the severity of the alleged misconduct and the necessity for accountability within the judiciary.
Parliamentary Committee’s Deliberations
On Monday, the Judiciary Committee convened to assess the JSC’s recommendation. The committee decided to postpone any immediate action, opting instead to thoroughly review the investigation report and accompanying documents provided by the JSC. This approach aims to ensure a comprehensive understanding of the case before making a final decision.
During the session, committee members expressed differing opinions on the procedure. Faresmathoda MP Ashraf Rasheed (PNC) advocated for a document review prior to summoning any individuals, a proposal supported by Feydhoo MP Ismail Nizar. Conversely, Kendhoo MP Mauroof Zakir (MDP) suggested that both the accused judges and members of the JSC inquiry committee be summoned for questioning. Ultimately, the committee, which holds a government majority, endorsed MP Ashraf’s proposal.
Judge Azmiralda Zahir has proactively sought to defend her position by submitting a letter to Parliament, requesting the opportunity to appear before the committee and address the allegations. She has also filed a complaint with the Anti-Corruption Commission (ACC), alleging that ACC President Adam Shamil influenced the investigation. Additionally, she lodged a police complaint accusing Shamil of providing false information; however, the police did not accept the case.
Broader Implications and Ongoing Investigations
The situation extends beyond the immediate allegations. Both judges are under investigation by the ACC for allegedly influencing Criminal Court judges. Following a request from the ACC, the JSC suspended the two judges. Furthermore, the JSC is investigating additional cases, including claims by High Court Assistant Registrar Hussain Mohamed Haneef that Judges Azmiralda and Mahaz were present when he was verbally abused by former judge Husnu Suood during a Supreme Court appearance. A disciplinary inquiry has also been launched against Azmiralda’s lawyer, Ibrahim Shameel, for releasing a public statement.
The suspension of Judges Azmiralda, Mahaz, and former judge Husnu Suood in February has had significant repercussions. It delayed proceedings on a constitutional case involving the loss of parliamentary seats following expulsion from political parties for over two months. The Supreme Court bench was left with only four judges, while the Courts Act mandates a minimum of five judges for constitutional matters. This has raised concerns about the judiciary’s capacity to handle critical cases effectively.
According to existing procedures, the JSC must approve and recommend a judge’s removal to Parliament. The Judiciary Committee must then verify whether the JSC followed the procedures outlined in the Commission Act and the Judiciary Act. Parliament must approve the removal by a two-thirds majority of members present and voting. Upon approval, the judge is removed from office.
The unfolding events underscore the challenges facing the Maldivian judiciary in maintaining integrity and public trust. As the Judiciary Committee continues its deliberations, the nation watches closely, recognizing that the outcomes will have lasting impacts on the rule of law and democratic governance in the Maldives.
