Supreme Court Justice Azmiralda Zahir has sought an opportunity to speak at the parliament's Judiciary Committee before they take a decision on the Judicial Service Commission's (JSC) decision to dismiss her.
On Sunday, JSC voted to dismiss Azmiralda and Justice Mahaz Ali Zahir from the Supreme Court bench. Despite not allowing defence evidence or counsel assistance, the JSC said it was reasonable to believe that the justices influenced the lower court.
In a letter to Speaker Abdul Raheem Abdulla, Azmiralda requested an opportunity to appear before the Judiciary Committee with a lawyer to highlight the points she raised during the JSC proceedings.
"The decision of the Judicial Service Commission is based on an investigation after unconstitutional proceedings that have been conducted in violation of the most basic principles of justice," she stated.
Azmiralda said she believes that the Judiciary Committee must listen to the complaints of Supreme Court Justices if they face dismissal.
In addition to Azmiralda and Mahaz, the JSC also began proceedings against former Justice Husnu Suood. But he resigned in protest of intimidation and influence by President Dr. Mohamed Muizzu and his Attorney General (AG) Ahmed Usham.
The JSC launched abrupt proceedings against the Justices after the Supreme Court began hearing the constitutional amendment that empowers political parties to disqualify MPs for switching parties.
The members of the JSC subcommittee, which recommended the dismissal, are Mohamed Nasih, Yazmeed Mohamed and Ali Abdul Latheef. Nasih and Yazmeed are appointed by Muizzu. Nasih is the Chairperson of the Civil Service Commission (CSC) and Yazmeen is Muizzu's representative on the JSC.
Azmiralda, Mahaz and Suood were suspended on February 26 after the Anti-Corruption Commission (ACC) informed the JSC about a criminal investigation against them. The confidential letter from ACC President Adam Shamil was sent in violation of the general process.
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.”
Following the JSC's decision on Sunday, several legal experts have also raised their concerns on social media.
"Removing judges of the Supreme Court in violation of the Constitution is the biggest constitutional offence that a president of the country can commit. The role played by those involved in your attack on our judiciary will not be erased from the history of our judiciary," Suood wrote on X.
Former Chief Justice Dr. Ahmed Abdulla Didi characterized the move to dismiss the justices as "a heinous crime."
The JSC approved the report of the subcommittee recommending the removal of Justices on Sunday.
The matter was forwarded to the People's Majlis. The justices will be officially dismissed upon parliament's approval.
