Former Supreme Court justice Dr. Azmiralda Zahir said on Wednesday that upon hearing the news of the Judicial Service Commission (JSC)’s suspension of herself and two other justices in February, Chief Justice Muthasim Adnan commented that they would not be returning to the top court.
On February 26, the then-Supreme Court justices Azmiralda, Mahaz Ali Zahir and Husnu Al-Suood were were suspended by the JSC, citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). Their suspension came 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.
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.
The Parliament took the floor vote on their dismissal on Wednesday afternoon. Both Azmiralda and Mahaz - both of whom claim that the allegations against them are baseless and that the investigations by the JSC were tainted by the denial of due process to them - were dismissed with majority votes of 68-11.
In a statement following the vote, Azmiralda said that her dismissal was based on baseless and false allegations, and followed a process shrouded in secrecy during which her rights denied and the law deliberately set aside.
“This decision was made with the members of the ruling party, who hold a supermajority in the Parliament, well aware that I did not commit any crime, and working not to uphold their duties as a member of the Parliament, but as enslaved little wheels who choose to press a button at political orders rather than act on principles of fairness and logic,” she said.
Dr. Azmiralda Zahir. (Photo/President's Office)
Azmiralda noted that their suspension in February came as they were entering the courtroom to hear a case regarding constitutional amendments that would cost parliamentarians their seat if they switched parties.
She said that upon hearing about their suspension, Chief Justice Muthasim had commented that they would not be returning to the Supreme Court.
“As I looked on as he [Muthasim] took a ‘farewell’ picture with one of the suspended justices, I thought to myself that if things continue this way, then I might just get suddenly dismissed from the Supreme Court the next day,” she said.
Azmiralda said that she reached that conclusion because she understood that a group of people who did not hesitate to suspend Supreme Court justices without warning by claiming they were under criminal investigation would not hesitate to set aside due process and do anything.
Muthasim had remained silent throughout their suspension, prompting many to question whether he was fulfilling his responsibilities as the Chief Justice. On May 8, he submitted a letter to the JSC informing the commission of his decision to retire.
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.
Three Supreme Court justices who were suspended (From R-L): Husnu Al-Suood, Mahaz Ali Zahir and Dr. Azmiralda Zahir.
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.
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. Those that have expressed concern over the situation include the Bar Council of Maldives, Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, the Human Rights Watch, the Commonwealth Law Association, the Law Association for Asia and the Pacific (LAWASIA), and the Bar Association of India.
President Dr. Mohamed Muizzu, whose administration has been accused of deliberately undermining the country’s judicial independence, denied these claims in a press briefing on May 3, describing the events that fueled the allegations as mere “coincidences.”