The High Court today granted an injunction (Dhivehi) temporarily suspending the trial of former President Mohamed Nasheed at the contested Hulhumale’ Magistrate Court, pending a ruling on procedural points raised by the former President’s legal team.
The former President is facing criminal charges over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.
At a preliminary hearing on October 22, Nasheed’s lawyers requested an injunction halting the trial pending a ruling by the High Court on three procedural points dismissed by the Hulhumale’ Magistrate Court: a magistrate court holding a trial on a different island to where it was based; the constitutional legitimacy of the Hulhumale’ Magistrate Court; and the legality of the arrest warrant issued by the Hulhumale’ Magistrate Court, as such orders could only be issued by a court in the locality of the defendant’s permanent address.
At the Hulhumale’ Magistrate Court’s first trial date on October 9, the court summarily dismissed the first two points and agreed to hear the last issue. The court however ruled that the warrant was issued legally as it was following a precedent established by the High Court.
The ruling was subsequently appealed by Nasheed’s legal team at the High Court.
Concluding the hearing on the appeal on October 22, High Court Judge Shuaib Hussain Zakariya said the three-judge panel would issue a ruling on the injunction at the next hearing on the morning of November 4.
Meanwhile, the second hearing of the trial at the Hulhumale’ Magistrate Court was scheduled for 4:00pm today. Following the court order issued by the High Court however, it has since been cancelled.
In its ruling today, the High Court noted that the Prosecutor General’s Office had not objected to the court issuing the injunction at the October 22 hearing.
The High Court noted that continuing without “determining the legitimacy of the necessary procedural processes” and “ensuring the rights of the defendant” could cause irreparable injury to the claimant.
Moreover, if there was “a delay” in ruling on the request for an injunction, “the court believes that the purpose of the ruling [on the appeal] might not be achieved”.
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Its a Metter of courts, not the people, who attempt this illegal crime.The colliding violence against the democratic movements.
Mohamed Nasheed is the biggest obstacle for a vibrant democracy to flourish in Maldives.For one way or the other he will find to destroy its institutions.
I want to be the first to applaud the court for following due process and acting as a court of law should.
Ensuring that basis of these decisions are recorded and communicated to the lower courts in order to ensure consistency of trials is also important.
We have the capability to strengthen our judiciary and build public trust and confidence as well as admiration for our judicial system.
I also want to commend former Civil Court Registrar Abdurraoof, former Faculty of Shariah and Law Acting Dean Dr. Azmiralda Zahir and former Civil Court Chief Justice Shauib for stepping up and presiding over this case at a time when several judges are doing their best to avoid delivering a verdict in these highly politicized cases.
Currupt judicary protecting the same old dictatorship..
ekalo
kalay thee gayoom ge bugeh dho.
@Ekaloa
What institutions, Ekaloa??
Name one institution in the Maldives working FOR the people ??
Institutions are people, Ekaloa. And practically every institution in the Maldives carries the Gayoom virus that is destroying the nation.
Dear Tsk Tsk,
Are you Kutti Nasheed?
You sound exactly like him.
HulhuMale’ Court was established in 2011, during the Nasheed Administration. Despite their strong obligation on strengthening and cleansing Judiciary Nasheed was silent on the establishment.
After more than a year, when Nasheed’s trial is taking place, he is showing is defiance towards the court orders. Firstly he said he is ready for the trial, and he will prove that a head of state has the power to abduct a sitting judge upon his wish regardless of what the constitutional rights.
Secondly, he asked by writing to the court to pursue a speedy trial. Thirdly he objected to attend the court, and went for an uncalled-election campaign.
Thirdly, the court is illegitimate, judges are corrupt. Fourth argument was about the obsolete penal code. And fifth, the investigation procedure. Predict the Sixth; will it be existence of Maldives, or else, uttering another joke?
HulhuMale’ Court was established in 2011, during the Nasheed Administration. Despite their strong obligation on strengthening and cleansing Judiciary Nasheed was silent on the establishment.
After more than a year, when Nasheed’s trial is taking place, he is showing his defiance towards the court orders.
Firstly he said he was ready for the trial, and he will prove that a head of state has the power to abduct a sitting judge upon his wish regardless of what the constitution stipulates.
Secondly, he asked by writing to the court to pursue a speedy trial.
Thirdly he objected to attend the court, and went for an uncalled-election campaign.
Fourth, the court is illegitimate, judges are corrupt.
Fifth argument was about the obsolete penal code.
And Sixth, the investigation procedure;
Predict the Seventh; will it be existence of Maldives, or else, uttering another joke?