While JSC is investigating disciplinary cases again Supreme Court judges Mahaz Ali Zahir and Dr Azmiralda Zahir, their lawyers state that JSC has not clarified what the allegations raised against them are.
Supreme Court judges Mahaz Ali Zahir and Dr Azmiralda Zahir's lawyers have stated that while both judges were summoned to the Judicial Service Commission (JSC) regarding the case where former Supreme Court judge Husnu Suood allegedly spoke to High Court Registrar Hussain Mohamed Haneef in a demeaning manner, the basis for holding them responsible is unclear.
JSC has launched a disciplinary investigation against judge Mahaz and summoned him to appear before the commission. The summons stated that the case was in relation to an incident in October 2022 when Haneef was summoned to the Supreme Court and allegedly spoken to in a demeaning manner by judge Suood, with both Mahaz and Azmiralda present.
Judge Mahaz's lawyer, Mohamed Faisal, told Mihaaru News that the committee did not question the judge about the specific allegations.
Instead, the committee asked if a High Court employee could be summoned to the Supreme Court and about regulations regarding document transfers from lower courts in cases heard by the Supreme Court.
Faisal said that these questions did not appear relevant to the case but said judge Mahaz answered them to cooperate with the committee.
"He was not asked whether an employee of the High Court was summoned, whether abusive language was used, what was conversed, or whether he was present during the alleged incident," Faisal said.
"We are not clear what Judge Mahaz has done or which code of conduct he violated."
Judge Azmiralda was also summoned to the JSC. Her lawyer, Shaamil, stated that the notice sent to her was vague and that despite repeated requests, the committee had not clarified the specific misconduct allegations against her.
The judge denied any wrongdoing, and stated that she had not violated any code of conduct. Her lawyer further stated that the JSC could not classify the matter as an ethical issue.
During the hearing, the committee informed the judge that her lawyer would not be allowed to address procedural concerns. Judge Azmiralda responded that this decision was illegal and that the committee's investigation was unconstitutional, according to lawyer Shaamil.
The investigation into the case began in 2022 and remained unresolved. After reviewing the case, a majority of JSC members concluded that both Mahaz and Azmiralda shared responsibility for the incident and proceeded with an investigation. However, the committee examining the matter suggested that the JSC itself should decide on the issue. Despite judge Husnu Suood’s resignation from the Supreme Court, the JSC decided to move forward with the disciplinary proceedings against Mahaz and Azmiralda.
The incident occurred after the High Court allegedly delayed sending an email to a family member of an appellant. The Supreme Court had requested clarification on whether an order had been issued and asked for a letter to be sent to Immigration, the delay complicating the completion of the appeal within the required timeframe.
The JSC is also investigating a separate case against both judges. The case was filed by a private individual, alleging that a Criminal Court judge was called and threatened. The JSC has summoned the two judges and taken statements in the case.
This case is also under investigation by the Anti-Corruption Commission (ACC), which led to the suspension of the two judges while the probe continues.
The suspension of three Supreme Court judges came shortly after Parliament passed an amendment to the Judicature Act, reducing the Supreme Court bench from seven to five.
The three judges were suspended on the same day a Supreme Court hearing was scheduled in a case challenging the constitutional amendment that would strip parliamentarians of their seats if they leave or are expelled from their political party.
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