Smile and Let Smile

A Call for Due Process

The evening of May 4, 2025, marked a pivotal moment in Maldivian judicial history as the Judicial Services Commission (JSC) moved to recommend the dismissal of Supreme Court Justices Mahaaz Ali Zahir and Azmiraldha Zahir. This decision, now submitted to the People’s Majlis, warrants careful scrutiny; not only on the merits of the case itself but on the very process through which this recommendation was made.

Former Member of Parliament Ibrahim Ismail (Ibra), an individual deeply involved in shaping the Maldivian Constitution, has stepped forward to highlight concerns regarding the conduct of the Judiciary Service Commission. In a letter addressed to the Judiciary Committee of the People’s Majlis, Ibrahim Ismail emphasizes two critical aspects:

1. Whether the JSC acted in accordance with legal procedures and principles of justice.
2. Whether the decision was made based on properly evaluated evidence and sound legal reasoning.

He reminds the Committee that dismissing a judge is the most severe disciplinary action under Law No. 10/2008. Given that such cases are treated with quasi-court formalities, adherence to proper procedure is the very first condition that must be met. Without procedural integrity, the legitimacy of any decision remains questionable. Furthermore, Ibra raises concerns that the actions of the JSC may be motivated by an attempt to destabilize the Supreme Court, eroding accountability and separation of powers enshrined in the Constitution.

Accompanying his letter, he has submitted an analysis supported by evidence, detailing how the events unfolded. He urges the Judiciary Committee to summon the judges in question to clarify the matter, as failing to do so would contradict fundamental principles of fairness and defense.

At the core of Ibra’s argument lies the gravity of dismissing Supreme Court judges; the guardians of constitutional integrity. He warns that a rushed or flawed dismissal would not only undermine judicial independence but set a dangerous precedent regarding how state institutions operate beyond their legal frameworks. With the Constitution being the ultimate safeguard for every citizen, he calls upon the Committee to act with unwavering commitment to justice.

As this case unfolds, it is now upon the People’s Majlis to ensure that its actions align with constitutional values and the principles of justice. With the fate of the Supreme Court resting in their hands, their decision will shape the path the nation takes in maintaining the rule of law and judicial independence.