The High Court has rejected the appeal submitted by Attorney General (AG) to re-arrest Gassan Maumoon, son of Former President Maumoon Abdul Gayoom and to rule that his arrest was lawful, after the Criminal Court last week found that his detention was unlawful and ordered his release.
According to local newspapers the High Court rejected the case because the case was presented 48 hours after the ruling was made, and secondly because the case was presented by the AG.
The High Court said the AG cannot present criminal cases to the court on behalf of the state and that only the Prosecutor General (PG) has that authority.
Gassan Maumoon was arrested after a 17-year-old boy was severely injured in a Maldivian Democratic Party (MDP) protest against the judiciary that started near the Supreme Court and later moved towards the residence of former President.
The 17-year-old was struck in the head by a wooden plank that was allegedly thrown down from the former president’s residence. Gassan was subsequently accused of the violent act.
After the Criminal Court ruling, the police said they were confused whether the arrests made in the past will be lawful and said they were considering the release of many dangerous criminals who were arrested according the same procedures used with Gassan.
Following the ruling the police met with PG Ahmed Muiz for advice. The PG allegedly told the police officers to leave his office immediately.
The government concluded that it cannot work with the current PG and decided to forward a no-confidence motion against Muiz, which would lead to dismissal if passed.
However, the no-confidence motion has not been forwarded.