The Judicial Service Commission (JSC) has approved the report of a subcommittee recommending the removal of Supreme Court Justices Azmiralda Zahir and Mahaz Ali Zahir.
The matter will now be forwarded to the People's Majlis. The justices will be officially dismissed upon parliament's approval.
The members of the JSC subcommittee, which examined the complaints against the Justices, are Mohamed Nasih, Yazmeed Mohamed and Ali Abdul Latheef. Nasih and Yazmeed are directly appointed by President Dr. Mohamed Muizzu.
The two Justices are accused of influencing the Criminal Court to release Azmiralda's husband, who was taken into police custody.
In a letter sent on February 26, the JSC said it was investigating allegations that Azmiralda phoned Criminal Court judges and influenced them after her husband was arrested and summoned to a remand hearing.
But the investigation report prepared by the JSC subcommittee states that Azmiralda should be dismissed for influencing the Criminal Court judges through the Supreme Court Justice Mahaz Ali Zahir.
The committee decided to remove Azmiralda and Mahaz from the Supreme Court bench without allowing them to present witnesses and without giving them the opportunity to use a lawyer.
Azmiralda and Mahaz have been on suspension for more than 60 days. According to the JSC Act, the maximum period for which a judge can be suspended is 60 days.
Meanwhile, the Human Rights Watch (HRW) has called for the suspension of two Supreme Court judges to be lifted and their posts restored.
A UN expert had also expressed concern as the chosen counsel of the justices were not given the opportunity to speak at the disciplinary proceedings.
“The disciplinary proceedings brought against three of the Supreme Court’s Justices appear to violate the principle that judges can only be dismissed on serious grounds of misconduct or incompetence and in accordance with fair procedures guaranteeing objectivity and impartiality as provided for by the Constitution or the law,” said Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers.
“The pressure of suspensions, disciplinary proceedings and investigations may amount to an interference in the independence of this institution.”
Azmiralda, Mahaz, and former Justice Husnu Suood were suspended after the anti-corruption watchdog informed the JSC about a fabricated investigation to prevent a constitutional case on MP disqualification.
