Resolution demanding JSC accountability in ouster of Supreme Court judges pushed out of Parliament

The parliamentary resolution submitted by the main opposition Maldivian Democratic Party (MDP) calling for the Judicial Services Commission (JSC) to be held accountable in the suspension and eventual ouster of three Supreme Court judges based on allegations that were later found to be baseless has been pushed out of the Parliament.

The resolution, filed by North Galolhu MP Mohamed Ibrahim (Kudu) was the first to be subject to recent amendments to the Parliament standing orders that require for a floor vote regarding whether to admit into the legislature or not even before a preliminary debate.

It was rejected by a majority vote of 28-7 on Monday morning.

On February 26, 2025, then-Supreme Court judges Dr. Azmiralda Zahir, Mahaz Ali Zahir and Husnu Al-Suood were suspended by the JSC, citing an ongoing investigation by the against them by the (Anti-Corruption Commission (ACC). All three were hearing a case challenging the controversial move by the ruling People's National Congress (PNC) to write anti-defection clauses into the Maldivian constitution. 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 - a bill that was later tabled following public backlash.

Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct cases against Azmiralda and Mahaz, accusing them of conspiring to influence the Criminal Court. Azmiralda and Mahaz - both of whom have maintained that the allegations against them were baseless and that the investigations by the JSC were tainted by the denial of due process to them - were dismissed by the Parliament with majority votes of 68-11 on May 14, 2025.

The case against them stemmed 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.

ACC remained tight-lipped over its investigation into the case. When questioned in February regarding the delay in the investigation, a spokesperson from the commission told Sun that they were treating the case as a special priority, but declined to disclose any details. The ACC added that it has a legal obligation to investigate corruption allegations submitted to the commission, irrespective of who was being accused.

But in October, the authorities decided to drop the investigation into the corruption allegations, citing lack of evidence of any criminal wrongdoing.

Kudu, in his resolution, noted that the decision makes clear that Azmiralda, Mahaz and Suood were ousted on baseless allegations, and that the JSC should be held accountable for its decision to suspend all three and recommend the dismissal of the two who refused to resign based on such unfounded allegations.

He asked for a parliamentary consensus on the issue.