Ibrahim Nazil, the top parliamentarian from the main opposition Maldivian Democratic Party (MDP), called on the Parliament to reject the recommendation to dismiss Supreme Court justices Dr. Azmiralda Zahir and Mahaz Ali Zahir on Wednesday as he slammed the “tyrannical” decision by the Judiciary Committee to back the Judicial Service Commission (JSC)’s recommendation despite concerns over failure to follow due process.
On February 26, Azmiralda, Mahaz and then-Supreme Court justice Husnu Al-Suood were suspended by the JSC, citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). All three were hearing a case challenging the controversial move by the ruling People’s National Congress (PNC) – who hold a supermajority in the Parliament - to write anti-defection clauses into the Maldivian constitution.
Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct investigations against Azmiralda and Mahaz, accusing them of conspiring to influence a Criminal Court judge.
On May 4, the JSC asked the Parliament to approve their dismissal. The Judiciary Committee, which reviewed the recommendation, decided on Saturday to deny Azmiralda and Mahaz the chance to defend themselves against the allegations against them. The next day, the committee voted in favor of their dismissal in a closed-door meeting that was boycotted by members of the MDP. The decision came despite the Parliament’s Counsel General Fathimath Filza advising the committee that the JSC had failed to follow due process and proper procedure in making the decision.
However, the committee’s chair Husnee Mubarik, a politician from the PNC, said that the council does not share Filza’s opinion.
During the debate on the Judiciary Committee’s report on Wednesday morning, Nazil, who is among two members who represent the MDP at the Judiciary Committee, expressed displeasure over the situation.
The South Hithadhoo parliamentary representative reminded parliamentarians of their oath to uphold the Constitution.
At this point, Hulhudhoo MP Mohamed Shahid, one of PNC’s deputy parliamentary group leaders, took a point of order and asked if the MDP members had followed their oath during the last parliamentary assembly, when the MDP held power.
Nazil said that he repeatedly implored fellow members of the Judiciary Committee to heed Filza’s advise, “but it fell on deaf years”.
Three Supreme Court justices who were suspended (From R-L): Husnu Al-Suood, Mahaz Ali Zahir and Dr. Azmiralda Zahir.
He said that the committee had acted in a tyrannical manner, ignoring letters of appeal by various organizations expressing concern over the recommendation to dismiss the Supreme Court justices.
He called on the Parliament to reject the recommendation.
“Honorable Speaker, I call for this report to be sent back to the committee. This Parliament has the power to reject this,” he said.
“The decision by the committee to dismiss the justices is a tyrannical decision.”
The case against the Supreme Court justices stem from the allegation that they exerted their influence over the Criminal Court to secure the release of Azmiralda’s husband, Dr. Ismail Latheef, an anesthesiologist, who was arrested during a police raid on a massage parlor in Male’. However, Criminal Court judge Ibrahim Zihunee’s statement to JSC shows Mahaz had called him after Latheef was already released from police custody.
Meanwhile, the then-assistant registrar of High Court, Hussain Mohamed Haneef, who testified against Azmiralda and Mahaz at the JSC, was recently appointed to a senior position at state-run utility company, Fenaka Corporation.
Suood, Azmiralda and Mahaz' suspension by the JSC on February 26 had come less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of controversial anti-defection clauses that were written into the Constitution last year. It also came shortly after the ruling PNC used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices.
Meanwhile, the ACC has declined to provide any information regarding the their criminal investigation against the trio, which had triggered their suspension in the first place.
The JSC has come under fire from both local and international organizations over its decision to push for the dismissal of the Supreme Court justices.
President Dr. Mohamed Muizzu’s administration has been accused of deliberately undermining the country’s judicial independence. But he denied these allegations in a press briefing on May 3, describing the events that fueled the allegations as mere “coincidences.”