The People's Majlis has approved the dismissal of Supreme Court Justices Dr. Azmiralda Zahir and Mahaz Ali Zahir.
Sixty-eight MPs voted in favour of their dismissal while 11 MPs voted against. This means they are no longer justices of the top court.
Azmiralda and Mahaz were dismissed based on a report sent to the parliament after an abrupt and unlawful inquiry conducted by the Judicial Service Commission (JSC).
Earlier on Tuesday, the parliament's Counsel General Fathimath Filza also said the investigation was unlawful and due process was not followed.
The Counsel General noted:
- The introduction of the JSC report stated that Azmiralda's case was initiated by the JSC "on its own initiative", but the fourth page of the report also states that a complaint had been submitted by an individual.
- Azmiralda's case was submitted to the JSC President but was not referred to the committee as per the law to decide whether to proceed with an inquiry.
- Azmiralda's case was addressed to the JSC President, who decided to refer the matter to the JSC and proceed with an inquiry.
- Even if the inquiry could considered to have been initiated by the JSC on its own, Article 51 of the JSC rules stipulates that the matter in the letter addressed to the President of the Commission should be brought to the attention of the Secretary General and be forwarded through the Secretary General to the "committee to decide whether to proceed with an inquiry."
The two justices were dismissed despite repeated calls from the Maldives Bar Council and multiple international organisations on the government to uphold values of justice, fairness and due process.
Azmiralda and Mahaz were not allowed to defend themselves during the JSC proceedings and the parliament's Judiciary Committee meetings.
Earlier, former Supreme Court Justice Husnu Suood, who was suspended along with Azmiralda and Mahaz, resigned in protest of intimidation and influence from President Dr. Mohamed Muizzu and his Attorney General Ahmed Usham.
JSC abruptly began disciplinary proceedings against the justices after the Supreme Court accepted a constitutional case to quash a constitutional amendment which empowered political parties to disqualify MPs for floor crossing.
The proceedings were launched after the Anti-Corruption Commission (ACC) fabricated a criminal investigation and sent a letter to the JSC against standard procedure.
The JSC subcommittee formed for the proceedings had three members - two of them are directly appointed by Muizzu. They are his representative and the President of the Civil Service Commission.
"I have never bowed to any influence"
In a post on X after his dismissal, Mahaz wrote that he had never bowed to any influence from inside or outside the Supreme Court.
The former justice who was accused of influencing the lower court said he was happy to have reached this point without bowing to any influence.
"I am satisfied with the work done in the Supreme Court. All my work was done with passion. I am happy to have reached this point without bowing to any influence from inside or outside the Supreme Court. God willing, there are more happy days ahead," Mahaz wrote.
He added that he would like to thank everyone who stood up against the government's unlawful actions.
"I would like to thank all those who encouraged me. I would like to thank journalists, lawyers, associations and individuals for all their sentiments against the unlawful actions," Mahaz said.
"This is an attack on the entire judiciary"
In a statement, Azmiralda said she was dismissed based on a fictional allegation and an unlawful inquiry and described it as an attack on the entire judiciary.
She expressed hope to bring those who took part in the unlawful actions to dismiss her and Mahaz to justice one day.
"Stopping the Supreme Court is not a simple matter. It is not something that can be lightly swept away. I hope that one day, when the rule of law is reinstated in this country, they will take action based on my letters..." she stated.
“The decision was taken even though the supermajority MPs belonging to the ruling party knew that I had committed no crime and instead of fulfilling their responsibilities as MPs, they pressed buttons for political orders..." she said.
Azmiralda was accused of influencing lower court judges through Mahaz. But she said the case was fabricated and that the rule of law was not being upheld in the country.
