MDP slams ‘unlawful’ dismissal of top court judges, fears loss of all faith in judiciary

The main opposition Maldivian Democratic Party (MDP) slammed the ruling People’s National Congress (PNC) for using its supermajority to dismiss two Supreme Court justices on Wednesday, warning that the move would result in loss of all faith in the Maldivian judiciary and result in irrevocable damages to the country.

On February 26, the then-Supreme Court justices Dr. Azmiralda Zahir, Mahaz Ali Zahir and Husnu Al-Suood were were suspended by the Judicial Service Commission (JSC), citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). Their suspension came less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of controversial anti-defection clauses that were written into the Constitution last year. It also came shortly after the ruling PNC used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices.

Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct investigations against Azmiralda and Mahaz, accusing them of conspiring to influence a Criminal Court judge.

On May 4, the JSC asked the Parliament to approve their dismissal. The Judiciary Committee, which reviewed the recommendation, decided on Saturday to deny Azmiralda and Mahaz the chance to defend themselves against the allegations against them. The next day, the committee voted in favor of their dismissal in a closed-door meeting that was boycotted by members of the MDP. The decision came despite the Parliament’s Counsel General Fathimath Filza advising the committee that the JSC had failed to follow due process and proper procedure in making the decision.

The Parliament took the floor vote on their dismissal on Wednesday afternoon. Both Azmiralda and Mahaz - both of whom claim that the allegations against them are baseless and that the investigations by the JSC were tainted by the denial of due process to them - were dismissed with majority votes of 68-11.

In a statement after the vote, the MDP condemned what it called the “unconstitutional and unlawful” dismissal of the justices.

The party described it as “an unconstitutional and unlawful act designed to allow President Dr. Mohamed Muizzu to gain full control of the judicial power.”

The MDP said that the JSC had violated due process and procedural fairness in the disciplinary proceedings against the justices.

“It is clear from the legal opinion provided by Parliament’s Counsel General Fathimath Filza to the Judiciary Committee that the JSC conducted the proceedings against the judges in violation of the law,” said the MDP.

MDP said the disciplinary proceedings were based on unfounded allegations, and that it finds the decision to deny them the chance to defend themselves unacceptable.

“All proceedings in the dismissal of the judges were carried out in violation of international standards and principles, principles of fairness, and Maldives’ laws, and this will result in the loss of all faith in the Maldivian judiciary and result in irrevocable losses to this country,” said the party.

The case against the Supreme Court justices stem from the allegation that they exerted their influence over the Criminal Court to secure the release of Azmiralda’s husband, Dr. Ismail Latheef, an anesthesiologist, who was arrested during a police raid on a massage parlor in Male’. However, Criminal Court judge Ibrahim Zihunee’s statement to JSC shows Mahaz had called him after Latheef was already released from police custody.

Meanwhile, the then-assistant registrar of High Court, Hussain Mohamed Haneef, who testified against Azmiralda and Mahaz at the JSC, was recently appointed to a senior position at state-run utility company, Fenaka Corporation.

The ACC has declined to provide any information regarding the their criminal investigation against the trio, which had triggered their suspension in the first place.

The JSC has come under fire from both local and international organizations over its decision to push for the dismissal of the Supreme Court justices. Those that have expressed concern over the situation include the Bar Council of Maldives, Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, the Human Rights Watch, the Commonwealth Law Association, the Law Association for Asia and the Pacific (LAWASIA), and the Bar Association of India.

President Dr. Mohamed Muizzu, whose administration has been accused of deliberately undermining the country’s judicial independence, denied these claims in a press briefing on May 3, describing the events that fueled the allegations as mere “coincidences.”