A resolution has been submitted to parliament seeking accountability over the dismissal of two Supreme Court judges after the Prosecutor General’s Office decided not to prosecute them over alleged abuse of office.
The resolution was submitted by Galolhu North MP Mohamed Ibrahim, known as Kudu, under Regulation 189 of parliament’s Rules of Procedure.
Supreme Court judges Dr Azmiralda Zahir and Mahaz Ali Zahir were removed from office more than a year ago following an investigation into allegations of misconduct. The case was referred to the Prosecutor General’s Office by the Anti-Corruption Commission (ACC).
However, the Prosecutor General’s Office has decided not to prosecute the two judges, concluding that there were no grounds to pursue criminal charges against them.
“This shows that the judges were removed from office on baseless allegations,” Ibrahim said in the resolution.
The resolution states that the Judicial Service Commission (JSC) removed the judges based solely on allegations and should therefore be held accountable for its decisions.
It cites Article 22(d) of the Judiciary Act, which states that a judge should not be removed from office unless they have acted in violation of the applicable code of conduct and rules governing judges.
The resolution also argues that the decision not to prosecute the judges indicates they were removed without evidence of a criminal offence. It cites Article 70(d)(3) of the Constitution, which sets out parliament’s responsibility to oversee and hold the executive branch accountable.
Ibrahim said the relevant authorities should be held accountable if the judges were dismissed without evidence of a criminal offence. The resolution aims to establish MPs’ views on the matter and determine how parliament should proceed, he said.
Azmiralda, Mahaz and former Supreme Court justice Husnu Suood were suspended after the ACC began investigating the case and informed the JSC. The ACC had not questioned the judges when they were dismissed, according to the resolution.
The three judges faced allegations of abuse of office from the JSC, police and the ACC. Suood resigned, while Azmiralda and Mahaz appeared before the JSC to respond to the allegations.
The JSC subsequently found the two judges guilty of misconduct, leading to their removal by parliament.
One of the complaints investigated by the JSC alleged that Azmiralda and Mahaz were involved in a case in which a Criminal Court judge was called and threatened.
The three judges were suspended shortly after parliament passed amendments to the Courts Act reducing the Supreme Court bench from seven judges to five.
Their suspension came on the day the Supreme Court was scheduled to hear a case submitted to overturn the constitutional amendment on floor-crossing stipulating that MPs lose their seats if they leave or are expelled from their political parties.
