Bar Council has called on Parliament to allow Supreme Court Justices Dr Azmiralda Zahir and Mahaz Ali Zahir the opportunity to respond to misconduct allegations before any final decision is made regarding their removal.
In a letter to the Parliament today, Bar Council highlighted the need for due process, urging lawmakers to ensure that all Judicial Service Commission (JSC) inquiry procedures have been properly completed. The Council stressed that the judges must be granted their legal rights, and that any decision should be based on credible evidence and a transparent process.
The Council also requested that the Judiciary Committee allow the two judges to express their concerns and, if they consent, for the committee meetings to be made public. Additionally, Bar Council requested to appear before the committee to present its own concerns on the matter.
Judge Azmiralda has written to Speaker Abdul Raheem Abdulla, describing the JSC investigation as “unconstitutional” and in violation of basic legal principles. She has asked to speak before the Judiciary Committee to raise her concerns regarding the process.
JSC voted in favor of the disciplinary committee’s findings, which concluded that Justices Azmiralda and Mahaz sought to influence a court decision involving the custody of Azmiralda’s husband, Dr Ismail Latheef. The report alleges that the two judges pressured Judge Ibrahim Zihunee who presided over the closed session through Criminal Court Judge Sofath Habeeb, leading to Dr Latheef’s release from custody.
Parliament has since referred the matter to its Judiciary Committee. At today’s committee meeting Fares-Maathodaa MP Ashraf Rasheed proposed that members study the JSC report and summon relevant individuals as needed. a motion that the committee approved.
Under the Constitution, a judge may be removed from office by a two-thirds majority vote of MPs present, following a recommendation by the JSC. Past parliaments have previously voted to remove Supreme Court justices as well.