Charges against home minister unconstitutional, says lawyer

At today’s hearing of the criminal trial of Home Minister Umar Naseer for ‘disobedience to orders’, his lawyers requested the article under which he is charged be invalidated as being in conflict with the constitution.

The article under which Nazeer is being charged is Article 88 (a) of the 1966 Penal Code which criminalises disobedience to legal orders, in reference to Article 8- (1) of a 1968 law titled ‘Some General Laws’ which limits freedom of expression if it could “disrupt the peace”.

According to Sun Online, Umar’s lawyer Adam Asif said that limitation of freedom of expression is not included in the constitutional limitation given in Article 27 of the constitution.

The only exception to freedom of expression under Article 27 is contravening a tenet of Islam.

Upon request, the judge has  provided the State an opportunity to respond to this procedural point.

Naseer is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed. He has pleaded ‘not guilty’ for this charge.

On the night in question, Umar told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

If convicted, Naseer faces banishment, imprisonment, or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10) under Article 88(a) of the current Penal Code.

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