The Maldives Bar Council has asked the Parliament's Judiciary Committee to ensure that the Judicial Service Commission (JSC) followed due process in deciding to dismiss two Supreme Court justices.
In a statement on Monday, the council highlighted that the Constitution stipulates that judges should not be removed unless they deviate from the code of conduct and rules.
The JSC decided to dismiss Justices Mahaz Ali Zahir and Azmiralda Zahir and forwarded the matter to the People's Majlis. The Maldives Bar Council said the parliament should ensure whether the judges violated the code of conduct.
The Parliament's Judiciary Committee on Monday decided to review the JSC report before deciding on dismissing the justices. One MP proposed to summon JSC members who prepared the report. But the proposal was rejected.
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.”
