Former MP Ibrahim Ismail (Ibra) raises concerns over JSC decision to Parliament

Former MP Ibrahim Ismail (Ibra) has expressed concern over the Judicial Service Commission’s (JSC) decision to seek the dismissal of two suspended Supreme Court judges, Dr Azmiralda Zahir and Mahaz Ali Zahir.

In a letter addressed to Parliament's Judiciary Committee today, Ismail urged lawmakers to ensure due process is followed before any decision is made on the removal of the judges.

The JSC's recommendation for their dismissal was made during a closed-door session last night and is on the agenda for today’s Parliament sitting.

Judges Azmiralda and Mahaz were suspended in February after being accused of trying to influence Criminal Court Judge Sofwath Habeeb to release Azmiralda’s husband, Dr Ismail Latheef, from custody.

Ismail said that Parliament must not proceed with the dismissals without first summoning the judges to appear before the relevant committee to respond to the allegations.

“One of the main grievances of the judges is that the commission did not give them an opportunity to defend themselves,” he wrote.

“It is essential to seek their statements before taking a decision of this magnitude,” he added.

He further called for scrutiny of the JSC itself, urging the Judiciary Committee to first investigate the conduct of the commission’s members.

“This is no small matter. It is a significant step to investigate and recommend the removal of two Supreme Court justices at the same time,” he said.

“That court is the highest institution tasked with upholding the Constitution. If three of its judges can be dismissed at once, who is left with protection?”

In the letter, Ismail outlined two key considerations for Parliament. Whether the JSC acted in good faith and followed the procedures prescribed by law, and whether its decision was based on a proper assessment of the evidence and in accordance with legal norms.

Ismail, who chaired the committee that drafted the current Constitution, highlighted that dismissal is the most serious disciplinary action that can be taken against a judge and must be treated with utmost care.

“When a judge’s case is heard, the process is essentially a "mock hearing". So the first requirement is that all procedural regulations are properly followed and the principles of justice upheld,” he said.

“Even if procedures are met, the evidence must justify the charge and the punishment must fit the alleged offence,” he said.

Ismail said that the JSC is in violation of the procedures outlined in the Judicial Service Commission Act and acting in bad faith.

“Any act carried out outside the bounds of lawful conduct holds no legal weight,” he said.