LAWASIA, Indian Bar Association express concern over Supreme Court justices' sacking

LAWASIA and The Bar Association of India have expressed concern over the attempted removal of Maldives' Supreme Court judges Dr Azmiralda Zahir and Mahaz Ali Zahir, urging the country's government against proceeding with their dismissal until all concerns raised are addressed.

LAWASIA's statement also mentioned now resigned Supreme Court Justice Husnu Suood's suspension alongside Azmiralda and Mahaz, adding that, "the suspension of these judges have thrown into question the adherence to the principles of rule of law, due process and independence of the judiciary in Maldives."

Further in the statement, LAWASIA outlined a brief timeline of events leading up to JSC's recommendation to remove Azmiralda and Mahaz.

"LAWASIA notes with concern that the recommendation comes after reports had emerged that the counsels of the said Justices were not being given the opportunity to speak at the disciplinary proceedings being conducted and had initially not even been informed of the exact allegation of misconduct," the statement continued.

LAWASIA also said the lack of transparency by JSC had drawn significant concern regarding the adherence to due process and procedural fairness.

"Such actions, if true, would call into question Maldives' commitment to the rule of law and the independence of the judiciary," LAWASIA said, highlighting that the organization had, in the past, expressed concern regarding the rule of law and independence of the Maldives' judiciary.

Ending the statement, LAWASIA called for the Maldivian government to refrain from proceeding with the judges removal until these concerns are addressed, transparency and adherence to due in relation to any proposed actions against serving judges including justices on the Supreme Court are addressed, and it is ensured that the procedure adopted for the removal of judges is credible and comports to essential features of fairness including granting a full and effective hearing.

In a later statement, India's bar association said it "fully endorses" the statements issued by the Bar Council or Maldives, LAWASIA and Commonwealth Lawyers Association regarding the matter and expressed concern over the "lack of due process and transparency in the proceedings conducted by the Judicial Services Commission, which if true, would cast serious doubts on the commitment to the Rule of Law and Judicial Independence on part of the Maldives Government."

JSC declared that judge Mahaz and Dr Azmiralda had influenced two Criminal Court judges to release Azmiralda's husband from custody, and recommended their removal to the parliament.

The judiciary committee, following a closed door meeting, decided to forward the case to the main parliamentary floor.

Both judges raised concern regarding the investigation process and requested an opportunity to speak and share their grievances. The Bar Council of Maldives also requested an opportunity to speak.

However, the committee decided against this.

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.