Police probe lacked evidence, lawyers claim Azmiralda’s dismissal was politically timed

Former Supreme Court judge Dr. Azmiralda Zahir was dismissed over allegations of abusing office influence, but her lawyers say the case has now been formally filed, proving it was baseless from the outset. 

Azmiralda, Mahaz Ali Zahir and Husnu Al-Suood were abruptly suspended on February 26 last year while the Supreme Court was preparing to hear a politically sensitive case. Suood resigned in protest, and Parliament, controlled by the government’s supermajority, removed Azmiralda and Mahaz in April.

Police said Thursday that the case against the two judges has been filed, noting it is unlikely any criminal offence was committed. In a statement, Azmiralda’s lawyers said the case was lodged with the agency on 11 June and decided on Wednesday, without ever informing her that an investigation was underway. When she contacted police to clarify the matter, she was told the inquiry was being conducted jointly with the Anti-Corruption Commission (ACC).

Her lawyers argue that the police’s conclusion, stating “criminal conduct is unlikely”, shows the case lacked any decisive grounds for prosecution. They said the matter was filed because there was no basis to charge her, and that the decision was made without questioning Azmiralda. “This extent alone makes it increasingly clear that this case did not have a basis for allegation to begin with,” they said.

Both Suood and Azmiralda have previously accused the government, including then-Attorney General Usham, of attempting to influence the Supreme Court to prevent the hearing of the constitutional challenge filed at the time. Mahaz’s case has also been filed, and he said it proves the allegations were made for a specific purpose.

The three judges were suspended amid political turmoil. Parliament, fully aligned with President Dr. Mohamed Muizzu’s administration, amended the Constitution on 20 November 2024 to strip MPs of their seats if they switched parties or were expelled. The amendment was widely criticised and referred to the Supreme Court. The JSC announced the suspension of the three judges as they were about to enter the courtroom for the scheduled hearing.

Legal experts in Maldives and abroad condemned the move as an attempt to influence the case. The JSC and ACC continued investigating the judges without sharing information or giving them an opportunity to respond. International bodies also raised concerns, urging due process.

The Judiciary Committee did not grant Azmiralda and Mahaz the chance to defend themselves before removal. When UN Special Rapporteur Margaret Satterthwaite raised concerns, the government responded on 31 April last year, claiming some of her information contained inaccuracies and insisting the judges were removed to ensure accountability within the legal framework.