SC judge Mahaz seeks to address Parliament, claims JSC violated legal procedures

Supreme Court judge Mahaz Ali Zahir has requested the opportunity to appear before Parliament, alleging that the Judicial Service Commission (JSC) breached legal procedures in handling a disciplinary case against him.

Judge Mahaz, along with Supreme Court judge Dr Azmiralda Zahir, has been found guilty of misconduct by the JSC, which has recommended their dismissal. The pair are accused of influencing lower court judges to release Dr Azmiralda’s husband, Dr Ismail Latheef.

The matter is currently before Parliament, with the Judiciary Committee beginning its review of the JSC’s findings on Monday. The committee has said it will decide whether to summon any individuals as part of its inquiry.

In a letter to Speaker Abdul Raheem Abdulla, Justice Mahaz expressed serious concerns about the JSC's handling of the investigation, claiming the commission's committee violated both the law and Article 24 of the JSC Act.

Mahaz strongly denied the central allegation that he and Azmiralda influenced the release of Dr Ismail from lower court custody and said that were allegations were false.

He added that the Criminal Court judge involved in the case testified to the JSC that no external influence was exerted on the decision.

No one who appeared before the commission claimed that they were instructed by the justices to act in a specific way, he said.

The decision to find the judges guilty in a case with no direct evidence reflects what he called “extreme injustice”.

Mahaz further said that the inquiry committee failed to disclose essential details of the complaint, including the origin and submission date of the initial letter from a member of the public that prompted the investigation.

“I note that this has infringed my right to respond fully to the case,” Mahaz wrote, adding that he was not given a chance to present evidence in his defence during the inquiry stage.

Therefore he has asked the Judiciary Committee to allow him to appear and share his concerns before any decision is made.

Justice Dr Azmiralda also asked the committee yesterday to give her an opportunity to share her concerns with the committee.

Bar Council requested yesterday that the Judiciary Committee allow the two judges to express their concerns and, if they consent, for the committee meetings to be made public.

JSC decided yesterday to accept the report of the commission's committee on disciplinary action against the two judges and take the action mentioned in the report.

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.

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.