Supreme Court justices dismissed despite concerns over lack of due process

The ruling People’s National Congress (PNC) used its supermajority in the Parliament to dismiss Supreme Court justices Dr. Azmiralda Zahir and Mahaz Ali Zahir on Wednesday, despite serious concerns regarding lack of due process and procedural fairness in the disciplinary proceedings against them by the Judicial Service Commission (JSC).
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 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.
The Parliament took the floor vote on their dismissal on Wednesday afternoon.
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