"Merit" takes a backseat: the Supreme Court's political makeover

But in the Maldives, tides turn quickly.

The composition of the Supreme Court has once again changed – this time drastically and controversially. On May 14, the ruling party supermajority dismissed justices Dr Azmiralda Zahir and Mahaz Ali Zahir without offering a chance to defend themselves. Justice Husnu Suood, under open threat of dismissal by ruling party MPs, resigned before formal proceedings could begin.

This latest judicial shake-up began with the arrest of Dr Azmiralda’s husband, IGMH anaesthesiologist Dr Ismail Latheef, from a massage parlour. Justice Mahaz then allegedly sent a message to the criminal court judge overseeing the remand hearing.

It did not matter to the Judicial Services Commission (recently stacked with President Dr Mohamed Muizzu’s allies) that phone records showed Mahaz’s message inquiring about the remand had been sent after the court released Latheef. Further records confirmed that Azmiralda and Mahaz were in contact only later in the evening, long after the hearing.

The Prosecutor General's office ultimately concluded there was no basis to prosecute Dr Latheef.

In another alleged incident, Justice Husnu Suood shouted profanities at the Registrar of the High Court, reportedly in Azmiralda’s presence. Though the JSC found no grounds to implicate Azmiralda directly, her mere presence was enough to raise suspicions.

In the end, Azmiralda appears to have been judged not for her own actions, but for the actions of the men around her. Her proximity to controversy rather than any proven wrongdoing became the basis for her removal.

By now, readers will have understood the flimsy nature of the allegations against both Mahaz and Suood.

The focus now turns to those appointed in their place.

Following the dismissals, two of the three vacant Supreme Court seats were filled by former High Court judges Abdulla Hameed and Mohamed Saleem.

Justice Hameed holds a bachelor’s degree in sharia from the Azhar University in Egypt. He began his judicial career at the civil court and was later appointed to the first High Court established under the 2008 “Green Constitution.” He also served on the JSC as the High Court's representative on the 10-member judicial watchdog.

However, in June 2022, Hameed was removed from the High Court based on a JSC recommendation. Parliament voted to dismiss him for unlawfully accepting a subsidised government apartment during the Yameen administration – a clear breach of the constitution and the judiciary's code of conduct, both of which prohibit judges from accepting material benefits or favours without parliamentary approval.

Justice Saleem earned his degree in Islamic sharia from the Kulliyathu Dhirasathil Islamiyya in Malé. He worked as a legal officer at the High Court for 12 years before being appointed as a High Court judge in August last year.

His appointment to the Supreme Court prompted a constitutional debate. Article 149(c) of the constitution requires that Supreme Court justices be at least 30 years old and have a minimum of seven years’ experience in legal practice. The ruling party argued that his experience as a legal officer met the legal practice requirement, since the role requires formal legal qualifications.

Even so, Saleem’s judicial record has raised serious concerns. Most notably, he played a key role in delaying the High Court appeal of former president Yameen’s 11-year prison sentence. His repeated and conveniently-timed absences – especially in the lead-up to the presidential election – drew considerable scrutiny.

At a People’s National Front rally on May 25, President Yameen stated: “I know exactly which minister called Saleem,” suggesting that Saleem’s elevation to the Supreme Court was a reward for delaying his appeal.

Dr Azmiralda Zahir holds an LLB from Cardiff University, an LLM from the University of Portsmouth, and a PhD in international intellectual property law from the University of Exeter.

She served as legal officer and deputy director at the Law Commission within the Attorney General’s office and later became dean of the Faculty of Sharia and Law at the Maldives National University.

In 2011, she became the first woman appointed to the High Court. However, she resigned in 2015 following a controversial restructuring that transferred her to the southern branch. She joined the Supreme Court in 2019.

Mahaz Ali Zahir earned his LLB in sharia from Dhaka’s National University in 2007 and completed a master’s degree from the Islamic University of Malaysia. He previously served as an assistant state attorney in the criminal affairs division at the Attorney General’s office, and as an assistant public prosecutor at the Prosecutor General’s Office. He was appointed to the drug court in 2011 and joined the Supreme Court in 2019.

Mahaz is also an accomplished academic, having authored books on drug law as well as a 2016 guide on Quran memorisation and a 2018 book on witness testimony.

Despite their distinguished academic backgrounds and unblemished professional records, both Azmiralda and Mahaz were discredited on the basis of allegations supported by what can only be described as “a line drawn on the surface of the sea.”

They have now been replaced by judges whose “competence” and “integrity” appear to have been confirmed not through impartial legal scrutiny, but through political calculation.

Saif Fathih is a columnist at the Maldives Independent and a serving member of the Malé City Council for Galolhu North. With his educational background in communications, international studies and public policy, he previously worked as a journalist, editor and public policy advisor, with roles including senior policy director at the ministry of national planning and editor of Ocean Weekly Magazine. Saif began his career as a radio producer and presenter at Minivan Radio, writer for Minivan Daily, and translator for the British High Commission and the European Union Mission to Sri Lanka and the Maldives. He is also the host of Ithuru Vaahaka, the Maldives Independent podcast.