Politics

How a move to curb MPs and a spa visit led to the Supreme Court cull

As the ruling party flexed its supermajority to remove two Supreme Court justices, our timeline explores how a constitutional challenge to new anti-defection rules has unravelled the separation of powers.

Artwork: Dosain

Artwork: Dosain

14 May, 2:00 PM
The Maldives’ parliament dismissed Supreme Court justices Dr Azmiralda Zahir and Mahaz Ali Zahir on Wednesday after the judicial watchdog recommended their removal over alleged use of influence to free the former’s husband from police custody. 
The dismissals were approved with 68 MPs voting in favour, reflecting the ruling People’s National Congress’s 75-seat supermajority in the 93-member house. Only 11 MPs voted against dismissing the two judges.
The impeachment comes more than two months after the pair’s abrupt suspension derailed a constitutional challenge to a new floor-crossing prohibition. The anti-defection provision inserted into the constitution empowers parties to unseat lawmakers at will. 
Dr Azmiralda was appointed in September 2019 as one of only two female justices to serve on the Supreme Court.
           
The following timeline was compiled from the JSC report and information provided by Justice Azmiralda’s lawyer.

20 November 2024

President Dr Mohamed Muizzu ratifies constitutional amendment to disqualify MPs who switch parties.

4 December 2024

6:45pm: Dr Ismail Latheef (Justice Azmiralda's husband), an anesthesiologist at the Indira Gandhi Memorial Hospital, visits a registered spa for a massage

Dr Latheef had pulled a muscle in his back two days before

The spa was recommended by his colleagues at IGMH

It was his first time at the premises

7:15pm: Police raid the spa alleging staff engaged in sexual activities with customers for money

Police stop Dr Latheef who was found in a room with the door slightly ajar

Dr Latheef was wearing underwear with a towel wrapped around his waist

A masseuse, in uniform, was present in the room

Police claimed that in an adjacent room, a man and woman were engaged in sexual activities

Initial decision: The investigating officer (IO) decides to release Dr Latheef

Change of decision: A junior police staff motions for the IO to call seniors

Multiple phone calls occur over a half-hour period

10:06pm: Dr Latheef formally arrested - nearly three hours after initially being stopped

5 December 2024

7:47am: Justice Azmiralda discovers her husband was arrested

She had not been informed of his arrest by authorities

She learned about it from the anaesthesia head of department at the hospital

Justice Azmiralda calls in sick from work 

Justice Azmiralda remains in contact only with Dr Latheef's lawyers

Dr Latheef refuses to implicate his wife in any police proceedings and appointed his own attorney

Morning: Dr Latheef taken to criminal court for remand hearing

10:38am: Judge Zihunee orders Dr Latheef's release from custody

2:45pm: News site Javiyani publishes article claiming Justice Azmiralda influenced the criminal court judge to release Dr Latheef

After release: Police initially reluctant to return Dr Latheef's mobile phone

Police insisted they could get a court order to examine his phone

Dr Latheef's lawyers argued that, as he wasn't implicated in any offense, there was no basis to examine it and police eventually returned the phone

Later that day: Justice Mahaz Ali Zahir makes phone call to criminal court judge Sofwath Habeeb

[Justice Mahaz's claim]: He called after Dr Latheef had already been released

[Justice Mahaz's claim]: He called because the case might reach the Supreme Court on appeal

[Justice Mahaz's claim]: He first learned of Dr Latheef's arrest from then-Justice Husnu Al Suood

[JSC report]: Justice Mahaz called without knowing Dr Latheef had been released

[JSC report]: Judge Zihunee and Judge Sofwath checked if Dr Latheef had been brought to court at Justice Mahaz's "request"

[JSC report]: Judge Sofwath shared information about the call with Chief Judge Adam Mohamed

6:28pm: First direct phone communication between Justice Azmiralda and Justice Mahaz

[Both justices' claim]: This was their first communication that day, hours after Dr Latheef's release

[JSC report]: They could have communicated earlier through internet applications

8 February 2025

Attorney General (AG) Ahmed Usham sends message to Justice Azmiralda via an intermediary

Claimed to have no intention of influencing Supreme Court judges

Stated the President was deeply concerned regarding the constitutional challenge

Claimed to have reassured the President that the case would be dismissed based on lack of jurisdiction

Mentioned JSC could probe allegations about Justice Azmiralda exerting influence to get her husband released

Justice Azmiralda responded:

Denied there was anything for JSC to probe

Stated she had not called or contacted any judge during her husband's detention

Offered screenshots of her conversation with Dr Latheef's lawyers from that day

Justice Azmiralda learns that Justice Mahaz made a phone call on December 5, 2024, to a criminal court judge

Notes that this was not at her request

Call was made after Dr Latheef was already released

10 February 2025

AG sends another message to Justice Azmiralda:

States he is convinced there was no foul play regarding Dr Latheef's release

Mentions another disciplinary case from 2022 concerning justices Azmiralda, Mahaz, and Suood

Reiterates the President's concern about Supreme Court deciding on the substance of the constitutional motion

17 February 2025

Supreme Court holds first hearing on constitutional motion (Ali Hussain v State, case number 2024/SC-C/02)

Challenge to the anti-defection amendment

Full seven-member bench of the Supreme Court present

State (via AG) raises procedural objection citing lack of jurisdiction over constitutional amendments

18 February 2025

Supreme Court decides to proceed with the constitutional case despite the state's objection

23 February 2025

People's National Congress (PNC) MP submits bill to parliament

Amendment to the Judicature Act proposed

Bill would downsize Supreme Court bench from seven members to five

24 February 2025

Parliament begins preliminary debate on Supreme Court downsizing bill

25 February 2025

Former MP Ali Hussain submits application for an interim order in his constitutional motion

Seeks temporary stay on enforcement of anti-defection provisions

Parliament's judiciary committee passes and sends Judicature Act amendment to the floor

26 February 2025

10:00am: Parliament votes through the legal changes in an expedited process with a roll-call vote

9:45am-10:30am: Anti-Corruption Commission (ACC) sends letter to JSC

Letter was signed by ACC President Adam Shamil

Letter was delivered by hand rather than through the government's official Government E-letter Management System (GEMS)

Letter lacked official reference numbers

Letter did not specify what matter the commission was investigating

10:45am: Media reports suspension of Justices Azmiralda, Mahaz and Suood

10:45am-11:00am: JSC suspends Justice Azmiralda

Suspension occurred 15 minutes prior to scheduled hearing on former MP Ali Hussain’s interim order

Suspension based on ACC letter

11:00am: Scheduled Supreme Court hearing could not proceed (at least five justices are required to hear constitutional cases)

Later that day: Justice Azmiralda receives email notification of suspension

Notice stated suspension was based on criminal investigations by the ACC

All three justices received separate notices on disciplinary proceedings initiated by JSC

27 February 2025

Justice Azmiralda files corruption complaints against:

Attorney General Ahmed Usham for threatening her

Minister of homeland security and technology for using police intelligence to arrest her husband

JSC for its rushed process to suspend three Supreme Court justices to paralyze the Supreme Court

Complaint lodged at the ACC

4 March 2025

Justice Husnu Al Suood resigns in protest

Cites attempts to exert influence on the judiciary by the executive

6 March 2025

Justice Azmiralda learns details about the ACC investigation

Commission investigating allegations of her exerting influence over criminal court judges

Investigation was initiated by ACC president

Investigation had not yet reached its preliminary stage

Justice Azmiralda’s lawyer issues a statement condemning ethics probes as  “manufactured without any basis or foundation to interfere with and influence the work of judges”

10 March 2025

Justice Azmiralda's lawyers file criminal complaint against ACC President Shamil, alleging abuse of powers to paralyze the Supreme Court

11 March 2025

Justice Azmiralda attends first JSC hearing

Her lawyer accompanied her

She declared willingness to answer questions about the substance of the case

JSC denied her lawyer the right to speak on her behalf or address procedural legal issues

Justice Azmiralda denies all allegations and states the matter is fabricated

12 March 2025

JSC denies depriving Justice Azmiralda of the right to legal representation

13 March 2025

Justice Azmiralda receives JSC committee's report with statements from three criminal court judges:

Judge Ibrahim Zihunee (who presided over Dr Latheef's remand hearing)

Judge Sofwath Habeeb (whom Justice Mahaz called)

Judge Adam Mohamed (chief judge of the criminal court)

[Judges' testimony]: No attempt was made by either justice to exert influence

[Judges' testimony]: Unaware at the time that Dr Latheef was Justice Azmiralda's husband

[Judges' testimony]: Justice Mahaz called Judge Sofwath (to whom he is related) after Dr Latheef was released

[Both justices' testimony]: First spoke to each other at 6:28pm on December 5, hours after Dr Latheef's release

[JSC report]: Claims Justice Azmiralda influenced judges

[JSC report]: Claims Judge Zihunee testified that Justice Azmiralda exerted influence

[JSC report]: Concludes Justice Mahaz likely looked into the detention case at Justice Azmiralda's request

[JSC report]: Suggests Judge Zihunee was wrong to release Dr Latheef

[JSC report]: Chief Judge Adam Mohamed stated he wouldn't have released Dr Latheef if he had been presiding

[JSC report]: Concludes both justices collaborated to influence the criminal court judge

[JSC report]: Recommends both justices be dismissed from office

15 March 2025

JSC dismisses Supreme Court's 2022 complaint against high court assistant registrar and judges

One of the High Court judges involved (Justice Shaheed) was being considered for appointment to Supreme Court

Dismissal occurred one day before Justice Shaheed's interview for Supreme Court

16 March 2025

ACC registers Justice Azmiralda's complaint against the commission president

18 March 2025

Justice Azmiralda's lawyer Ibrahim Shameel issues press statement

Accuses the JSC investigating committee of fabricated claims

Argues JSC report falsely claimed witnesses stated Justice Azmiralda exerted influence

JSC decides to launch a third case against Justice Azmiralda

Based on her lawyer giving information to the media

19 March 2025

ACC rejects Justice Azmiralda's complaint against AG and others

Rejection based on claim that the issue was not corruption and did not fall under commission's mandate

JSC serves notice of third disciplinary case to Justice Azmiralda

Alleges she issued press statements, though they were made by her lawyer

Justice Azmiralda attends hearing for second disciplinary case (for 2022 incident)

JSC again denies her request for an open hearing

JSC again denies her legal counsel’s requests to speak at the hearing

Justice Azmiralda questions JSC's authority to investigate incidents from years ago

8 April 2025

Police decline to investigate Justice Azmiralda’s complaints against ACC President Shamil of false disclosure and abuse of authority 

14 April 2025

Judiciary committee agrees to investigate Justice Azmiralda's complaint about unfair JSC processes

Committee unanimously decides to request documentation from JSC about investigation procedures

Committee plans to hear from all parties involved

18 April 2025

JSC committee finalises investigation report

Justice Azmiralda and Justice Mahaz's legal team point out numerous inconsistencies:

The report ignores testimony from all three criminal court judges who denied any influence was exerted

The report misrepresents Judge Zihunee's testimony

The report claims Justice Azmiralda was attempting to influence judges when no evidence supported this

22 April 2025

Justice Azmiralda sends detailed letter to President Dr Mohamed Muizzu

Notes that the JSC investigating committee includes two members appointed by the President

Describes the report as containing multiple falsehoods

Explains that Dr Latheef was not arrested in a state of nudity, contrary to the report's claims

4 May 2025

JSC officially decides to recommend dismissal of both Justice Azmiralda and Justice Mahaz to parliament

Notwithstanding witness testimony, JSC concludes that Justice Mahaz and Justice Azmiralda collaborated to influence Judge Zihunee to release Dr Ismail

5 May 2025

Parliament sends impeachment recommendation for review by the judiciary committee

Justice Azmiralda and Justice Mahaz request opportunity to speak before committee

Committee defers decision on allowing the accused to speak

6 May 2025

Judiciary committee meeting tabled twice but cancelled both times 

10 May 2025

Committee rejects proposal by MDP MP Mauroof Zakir to summon the justices and JSC members

PNC MPs favour endorsing JSC decision as procedurally fair

A motion to study both Dr Azmiralda’s complaint and the JSC report at next meeting passed with bipartisan support

11 May 2025

Committee decides to conduct proceedings behind closed doors. Opposition MPs protested the decision and walked out.

Committee decides JSC followed due process in recommending the judges removal and sent the JSC’s report to the floor for a vote.

12 May 2025

LAWASIA and Bar Association of India voice concern over the JSC's recommendation to dismiss the Supreme Court justices.

13 May 2025

Nepal Bar Association and the Human Rights Commission of Maldives express concern over the JSC’s recommendation and the judiciary committee’s refusal to allow the judges to defend themselves.

Fathimath Filza, the counsel general of parliament, advised the judiciary committee that the JSC had not followed due process when initiating disciplinary proceedings.

She notes that the JSC began the proceedings without the necessary sign-off from the commission’s committee, as mandated under the JSC Act, to decide on initiating disciplinary proceedings.

The judiciary committee declined further review and decided to forward the JSC report and Filza’s advice to the floor for a vote

14 May 2025

Parliament debated the matter for two hours, during which ruling party MPs rejected Filza’s legal advice and backed the dismissal of the two judges, while opposition MPs voiced strong objections.

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