Committee passes not to summon Justice Azmiralda

The judiciary committee of the parliament currently looking into the recommendation to remove Supreme Court Justice Dr Azmiralda Zahir decided against summoning the judge to the committee yesterday.

The case concerns the recommendation submitted to the parliament to remove two Supreme Court judges, Dr Azmiralda and Mahaz Ali Zahir from the court, alleging that both judges had influenced Criminal Court judges over the arrest of Dr Azmiralda's husband, an anesthesiologist, from a spa.

At the Judiciary Committee meeting held on Saturday to consider the decision to remove Azmiralda, Hulhudhoo MP Mohamed Shahid first proposed that the matter be forwarded to the parliamentary floor, citing no procedural matters that need to be addressed by the committee in the case.

However, Kendhoo MP Mauroof Zakir proposed to summon the judge and the Judicial Service Commission (JSC) to the committee. The motion was put to the vote and did not pass with only south Hithadhoo MP Ibrahim Nazil voting in favour of the motion.

Mauroof also moved to highlight the procedural issues in the decision to dismiss Azmiralda. However, it was not put to the vote.

The committee then adjourned for 15 minutes, and MP Shahid came back with another motion to adjourn the committee meeting for the day, which was passed by the vote of all members.

With this, the motion first put forth by Shahid was not put up for a vote.

The Judiciary Committee did not debate the JSC's decision to remove Justice Mahaz Ali Zahir.

Ruling party, People's National Congress (PNC) members on the committee believe that the committee has no power to decide on the subject of the JSC's decision and said there were no procedural issue identified regarding the case. The JSC inquiry committee has explained in detail the action taken by the committee, the members said.

They also said that the judiciary committee had previously followed the same process in cases of dismissal of judges where the committee reviewed the case and sent to the parliament for a decision. As such, the members said they find no issue in following suite in this case as well.

However, the two MDP members said it was best to bring in the judges before the committee and hear their concerns as they had previously raised concerns regarding the process. They stressed that the committee could make the decision after listening to what the judges have to say.

Both judges have asked the parliament to give them an opportunity to appear and share their concerns. The Bar Council has also requested an opportunity to appear before the committee to share its concerns.

In the JSC report, the committee of the commission which investigated the case determined that Azmiralda and Mahaz influenced Criminal Court judge Ibrahim Zihunee, who sat on the remand case of Azmiralda's husband Dr Ismail, via another Criminal Court judge Sofwath Habeeb, released from custody. Based on this determination, JSC recommended to the parliament that the two Supreme Court judges be removed.

A judge can be removed from office by parliamentary after JSC sends the request to the parliament. Several Supreme Court judges were removed by parliamentary votes in the past as well.