High Court to decide on injunction for Nasheed trial

The High Court will decide on a request by former President Mohamed Nasheed’s legal team for an injunction halting his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed at a hearing on November 4, the same day the trial at the Hulhumale’ Magistrate Court is set to resume.

Concluding today’s hearing of an appeal lodged by Nasheed’s legal team, challenging the Hulhumale’ Magistrate Court’s ruling on three procedural issues raised at the magistrate court’s first hearing on October 9, 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.

Speaking to press after the hearing, Nasheed’s lead attorney Hisaan Hussain explained that a request was made for a temporary injunction to suspend the criminal trial pending a ruling by the High Court on the procedural points.

“Today we submitted in detail the reasons we are seeking a temporary injunction,” she said. “In response, the Prosecutor General’s Office said they did not have anything further to say about issuing the injunction and to proceed in the way the court decides. That is, they do not object to [the court] issuing the injunction.”

On the High Court scheduling its next hearing for November 4, Hisaan noted that the next hearing at the Hulhumale’ Magistrate Court was scheduled for 4:00pm on the same day.

“We believe seeking an injunction is by its nature a matter of urgency,” she said. “So we have requested that the court expedite its decision on the injunction. We hope the court would make a decision before [November 4]. We will make such a request to the court in writing as well.”

At today’s hearing, Nasheed’s legal team raised the 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 October 9 hearing, the Hulhumale’ Magistrate 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.

Meanwhile, the High Court today allowed the Attorney General’s Office (AGO) and Judicial Service Commission (JSC) to enter into the appeal case as third parties on the issue of the legitimacy of the Hulhumale’ Magistrate Court.

Lawyers from both institutions were present at today’s hearing. The state was represented by lawyers from the Prosecutor General’s Office (PGO).

Requesting the injunction, Hisaan reportedly argued that failure to do so could cause irreparable injury to the rights of the defendant as the Hulhumale’ Magistrate Court could conclude its trial and sentence the former President before the High Court ruled on the appeal.

While Deputy Solicitor General Ahmed Usham asked for an opportunity to respond to the request for an injunction, Judge Shuaib said that the three-judge panel had decided that the AGO attorney could not be allowed to argue regarding the injunction.

Former President Mohamed Nasheed also attended the hearing along with MPs, senior members and supporters of the formerly ruling Maldivian Democratic Party (MDP).

Almost an hour before the beginning of the hearing, police assisted by officers of the Maldives National Defence Force (MNDF) cordoned off the area surrounding the High Court at the former presidential palace.

“Unfair and unjust”

The MDP secretariat meanwhile issued a statement in the wake of the hearing expressing concern with the High Court’s scheduling of its next hearing for November 4.

“The party believes that the result of conducting both hearings on the same day will be the defence attorneys losing the opportunity to prepare for the original case at the ‘Hulhumale’ Magistrate Court’,” the statement read.

The MDP statement contended that the defence attorneys could only prepare for the trial based on the decision on the procedural processes.

The party also noted that the High Court has in the past conducted hearings at night and on public holidays to issue temporary injunctions.

“However, while a week has passed since the appeal and request for an injunction on behalf of President Nasheed has been filed at the High Court when the hearing was held today, the party believes that the decision to issue a ruling on the injunction on the same day the original case is to be conducted at the ‘Hulhumale’ Magistrate Court’ is neither fair nor just,” the party said.


9 thoughts on “High Court to decide on injunction for Nasheed trial”

  1. The whole judicial system is built around and for Maumoon and his cronies, so what can we expect. And these corrupt leaders are all out to get Nasheed for daring to mess with their man, Ablo Ghazee. At the same time they also don't seem to realize that they are actually digging their own grave.

  2. Legitimacy of abduction by so-called democratic leaders...
    Keep in mind that some one will defeat in every trial, and if the looser gets room to defame judges the same will happen eny where nd at any time

  3. Anni is a saint and he will not be able to do any wrong doing. So why there should be any court case against him ?

  4. Stop making everything about politics.

    There are legal grounds to contest the legal validity of the Hulhumale Magistrate Court. This is by virtue of the fact that it was created through strange legal acrobatics that do not stand up to scrutiny, in my opinion. The validity of the court was contested by lawyers with links to PG Muizz earlier thereby hinting that the PG is on a personal crusade in this particular case to demand the same standards from the judiciary that we plan to subject Nasheed to.

    As for the PG's decision to charge Nasheed for the unlawful arrest of a Maldivian citizen, it is his legal right and it is based on an investigation carried out by an investigatory body under the law, HRCM.

    As for Nasheed's complicity in the crime, his regime did arrest the Judge outside the law and if it was proven beyond reasonable doubt that he gave the order then he should be convicted.

    The realpolitik behind the whole fiasco indicates however that there is too much pressure on the government to allow Nasheed to contest next year's Presidential elections. It remains to be seen whether the State can withstand this pressure. The PG does have the moral highground as Nasheed's regime did violate our law and whoever was responsible for the violation must be convicted for it by rights.

  5. This is coming From Gayoom he trying prove some thing that Naseed has got en involvement on November 3rd coup.

    During this period he was studying in England.There fixing these date on him November 4th with a rock show in male by Chris de Burg.

    Just trying to prove to the people that he is a link to November 3rd Incident.The reason is his ant husband Ahamed Ismail Manik (sikka)was sentence
    to prison for 15 years,When Abdulla lutfee ask were is Gayoom and telling him that he is India at this morment.

    I read this Artical in haveeru news when Ahamed Ismail Manik got free from prison after 7 years years whe he was sentence to prison.

    Abdulla lutfee and Ahame Ismail Mank are business friends.I wonder Why there not talking about Thsmeen or suspect him because is always with Minaaa kudaa thameen father running his business.

  6. @ mody

    No... your master Maumoon is the saint isn't he? The fact that he admitted in front of the parliament that he had a gun on him as well as 5 or 6 other friends of his were carrying guns on the day he was 1st sworn in. Guns dont grow on coconut palms so he must have IMPORTED the guns to Maldives and where are those guns? Evan Naseem also did not die in custody. Public money given from the Theemuge Welfare Fund for the poor to his cronies and loans given from the President Office to his cronies are all legal. Maumoon is pure no law can touch him

  7. Who created Hulhumale court and it was created by Anni regime.

    Both Gayyoom and Anni are responsible for the mess that they have created here in Maldives. Both are dictators and they both are power hunger and money greedy .

    They both want to whack this country and have robbed this country .

    Both are racial and they both want Islanders to work for the well being of Male' people.

    They both think alike and they believe that Male' people are much superior people than Rajjethere meehun" Galbulhi.

    Look carefully what each of them have done and they have always been careful in fooling the Islanders by giving false hopes and both of they do things only for Male' people.

  8. Criminal Court is one of the Criminal point in Maldive, this Criminal Court judge Abdulla Mohamed, is a corrupted criminal,and his case was a preplaned
    task by Gayoom to over through Nashee.
    And still Nasheed also a Dictator who dot listen others.We dont want him to be the President of Maldives.

  9. It has to be time to,bring back GPC to sort this out and arrest Gayoom and place him on trial at The Hague

    Otherwise MDP is finished

    A year on and they lse power day by day

    Why does Zaki not help


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