Watchdog questions suspended justices over 2022 verbal abuse case

Good morning. We’re continuing to follow disciplinary proceedings against Supreme Court justices. 

The Judicial Service Commission questioned suspended Supreme Court Justices Mahaz Ali Zahir and Azmiralda Zahir yesterday after reviving an ethics probe that was put on hold nearly two and a half years ago.

The JSC investigation was launched after former Justice Husnu Suood was accused of summoning and verbally abusing High Court assistant registrar Hussain Mohamed Haneef in October 2022 over the alleged withholding of documents in a major drug case.

Since both Mahaz and Azmiralda had been present at the meeting, the JSC decided last month to determine whether they must bear responsibility for the alleged misconduct due to their apparent failure to intervene.

“It is not clear to us what Justice Mahaz is supposed to have done, which ethical standard that the justice violated,” his lawyer Mohamed Faisal told Mihaaru after Tuesday’s hearing.

“[Mahaz] wasn't summoned for the issue mentioned in the notice. The complaint isn't about him doing something he shouldn't have done, the complaint is about him being present where abusive language was used," the lawyer told Dhauru.

According to both Mahaz and Azmiralda’s lawyers, the JSC’s questions focused on the procedure for summoning High Court staff rather than the alleged inappropriate language or what occurred at the meeting. Both Mahaz and Azmiralda denied any procedural violation or Suood's use of abusive language, questioning the legal basis for the “unconstitutional” proceedings.  

Despite repeated requests for clarification, the JSC investigation committee failed to clearly specify the alleged misconduct, both lawyers stressed.

"When the judge requested to clarify information about the date when the commission decided to investigate the case that she was questioned about today, the committee did not provide that information either," Azmiralda’s lawyer noted in a statement.

Suood, Azmiralda and Mahaz were suspended on February 26 shortly before the Supreme Court was due to resume hearings on a constitutional challenge to anti-defection rules that empowered parties to unseat lawmakers. The suspensions effectively blocked the pending judgment as a minimum of five justices must preside over constitutional cases. 

Suood resigned in protest earlier this month. 

After interviewing three candidates, including former deputy prosecutor general Mariyam Niyahath and a lawyer, the JSC advised the president on Sunday to nominate High Court Chief Judge Hussain Shaheed as Suood’s replacement. 

On Wednesday, parliament unanimously endorsed the president’s nomination of Shaheed to the apex court bench.

The vote was called after the judiciary committee approved the nominee during a meeting on the previous day that lasted under five minutes. No interviews or further vetting process was required, the oversight committee decided.

President Dr Mohamed Muizzu presented the letter of appointment to Justice Shaheed later on Wednesday.