Former President Mohamed Nasheed has criticized the practice of changing judges with every new administration, calling it a systemic flaw that needs to be addressed.
His comments follow Parliament’s decision to remove two Supreme Court judges; Dr Azmiralda Zahir and Mahaz Ali Zahir after the Judicial Service Commission (JSC) found them guilty of misconduct for allegedly influencing lower court judges to release Azmiralda’s husband, Dr Ismail Latheef, from custody.
In a post on X, Nasheed said it is deeply concerning that political leaders believe judicial appointments should change whenever there is a change in government.
"The Constitution never intended for the President to be able to change judges at will. Yet this has happened after every presidential election in 2013, 2018, and now in 2023," he wrote.
"It is very sad. And wrong. The system needs to be changed so that this doesn’t happen."
Nasheed further said that although the 2008 Constitution was expected to introduce a modern democratic framework, it ultimately established a presidency resembling a monarchy.
His remarks come amid ongoing criticism of his own tenure, particularly regarding the arrest of then Criminal Court Chief Judge Abdulla Mohamed during his presidency. While Nasheed was later sentenced to 13 years in prison over the incident, the sentence was later overturned. He has since acknowledged the arrest as a mistake but defended it at the time by citing the judge’s alleged refusal to comply with JSC directives.
Meanwhile, Parliament’s Counsel General Fathimath Filza raised concerns that the JSC’s decision violated the principle of equal treatment.
However, the Judiciary Committee still forwarded the matter to Parliament, which voted to remove both judges. The motion passed with 68 votes in favour and 11 against, in separate votes for each judge.
