The Ciivl Court has ordered the reinstatement of a police officer who was dismissed for allegedly attempting to modify witness statements.
Police Constable Ahmed Haisham was dismissed from the police force in 2009 after he confessed to calling two Lance Corporals and asking them to change witness statements against a man suspected of stabbing another police officer.
However, the Civil Court said Haisham cannot be dismissed from his job unless he is found guilty by a court of law.
The ruling referred to the Supreme Court ruling 2012/SC-C/35 which reinstated the Civil Service Commission (CSC) Chair Fahmy Hassan who was dismissed by the parliament after he allegedly sexually harassed a female staff working at the commission.
The Supreme Court said Fahmy cannot be dismissed unless found guilty by a court of law, claiming that if Fahmy was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.
Referring to Fahmy’s case, the Civil Court said Haisham must be considered innocent until proven guilty in a court of law. Further, the ruling said the Employment Act does not apply to Haisham as he is a police officer.
The ruling noted that although the police had carried out investigations, a case had not been forwarded to the Prosecutor General (PG) for prosecution.
The Civil Court has ordered the police to compensate Haisham for lost wages since December 2009, clear his record and grant him promotions he may have received had he remained with the police force.
In October 2013, the Civil Court also ordered the reinstatement of a police offices and a soldier who were dismissed on criminal charges.
Civil Court Judge Maryam Nihayath said that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.
The court ordered former Intelligence Chief Mohamed ‘MC’ Hameed to be reinstated in 2013. He had been dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.
An MNDF officer Ahmed Althaf who was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one was also ordered to be reinstated in October 2013.