According to the summons chit issued by the JSC, the two judges are being investigated in a case involving High Court Assistant Registrar Hussain Mohamed Haneef, who was allegedly spoken to in a demeaning manner when he was summoned to the Supreme Court.
Suspended Supreme Court judges Mahaz Ali Zahir and Dr Azmiralda Zahir have been summoned to appear before the Judicial Service Commission (JSC) tomorrow.
According to the summons chit issued by the JSC, the two judges are being investigated in a case involving High Court Assistant Registrar Hussain Mohamed Haneef, who was allegedly spoken to in a demeaning manner when he was summoned to the Supreme Court.
In October 2022, Haneef was called to the Supreme Court, where Judge
Husnu Suood, who has since resigned, allegedly used abusive language. The JSC decided to investigate Justice Azmiralda and Justice Mahaz, who were present at the time of the incident.
The JSC had previously launched an inquiry into Suood's conduct for allegedly verbally abusing Haneef. However, following Suood’s resignation, the commission will no longer proceed with his case under the previous procedure.
The investigation, which began in 2022, had not reached a decision until now. After reviewing the case, the majority of JSC members concluded that both Mahaz and Azmiralda shared equal responsibility for the incident and decided to move forward with an investigation against them.
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.