Parliament backs Saleem and Hameed for Supreme Court

The Parliament on Wednesday provided their backing to President Dr. Mohamed Muizzu’s nominees for the two vacancies in the bench of the Supreme Court; High Court’s sitting judge Mohamed Saleem and former judge Abdulla Hameed.

The Parliament, in which the ruling People's National Congress (PNC) holds a supermajority, had dismissed Supreme Court judges Dr. Azmiralda Zahir and Mahaz Ali Zahir on May 14, a day before it went into recess at the end of the first session.

The letter from President Muizzu recommending Saleem and Hameed as replacements at the Supreme Court was read at the Parliament on June 2, as it reopened for the second session. The committee voted in favor of the nominees on June 4.

The matter was put to a floor vote on Wednesday morning, as the Parliament reopened after the Eid al-Adha holiday.

Both Saleem and Hameed received the unanimous backing of the parliamentarians present during voting. Hameed received a unanimous vote of 60, while Saleem received a unanimous vote of 61.

The Constitution dictates that to qualify as a Supreme Court judge, an individual must be at least 30 years old, possess a first degree in Islamic Shariah or Law, and have at least seven years of experience as a judge or practicing lawyer.

Saleem was appointed as a judge at the High Court three years ago on August 9, 2022, prior to which he served for 12 years as one of the court’s legal officers.

There has therefore been some legal debate as to whether Saleem therefore fits the criteria.

The dismissal of Azmiralda and Mahaz from the Supreme Court had come despite serious concerns regarding lack of due process and procedural fairness in the disciplinary proceedings against them by the Judicial Service Commission (JSC).

On February 26, Supreme Court judges Dr. Azmiralda Zahir, Mahaz Ali Zahir and Husnu Al-Suood were suspended by the Judicial Service Commission (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 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 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 by the Parliament with majority votes of 68-11 on May 14.

The case against the Supreme Court justices 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.

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.

Suood, Azmiralda and Mahaz' suspension by the JSC on February 26 had come 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.

President 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.”

The JSC had come under fire from both local and international organizations over its decision to push for the dismissal of the Supreme Court justices. On June 4, multiple international bodies sent an open letter to President Muizzu urging him to suspend the impeachment of Supreme Court judges, citing reports of serious procedural concerns.