Hulhumale’ Court rejects case against former President Nasheed

Hulhumale’ Magistrate Court rejected a case forwarded by the Prosecutor General against former President Mohamed Nasheed and three Maldives National Defence Force (MNDF) officers for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News that the case was sent back to the Prosecutor General’s Office after the court stated it did not have the jurisdiction to deal with such cases under the Judicature Act.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Naseem said.

Naseem today told local media that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

Deputy Prosecutor General Husaain Shameem said he was presently on leave and was not aware of the exact details of the matter when contacted by Minivan News. Prosecutor General Muiz was also not responding to calls by Minivan News at the time of press.

Earlier, Muiz has said that the case was sent to Hulhumale’ Magistrate Court because it related to the Chief Judge of the Criminal Court.  He contended therefore that the case cannot be filed at the same court overseen by the judge owing to a conflict of interest.

Former President Nasheed has said that he is “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court and prove his actions were valid.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he challenged.

He also called on the population to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.


9 thoughts on “Hulhumale’ Court rejects case against former President Nasheed”

  1. So stupid to file the case in the first place. Now everyone knows government is still trying to silence Nasheed and take him out from the street. I think this case and the pepper spray made him even more famous than he already was.. Good luck to you traitors!

  2. @LOL if Nasheed or Maumoon was in power, whoever they wanted in prison, WOULD have been in prison, as much a shady thing the coup was, this is probably a sign of democracy

  3. ll did you know that Mandela is celebrating 94th Birthday with Bill Clinton?

    You people do not have the decency to question democracy. Wait, watch and see the truth unfold. It will..

  4. @II The question of who is better suited to rule this country. As far as i am concerned, we went through major struggle to overthrow maumoons absolute rule and corrupted regime after 30 years in an election for the very first time only 3 years ago. i really don't want them to return back to power once again. it makes the whole effort that has gone into this invalid. it is clear as day who is ruling this country right now, its not waheed, its maumoon trying to lurk back into the throne and secure his children's future by carving a spot for them in ruling class. He didn't give a chance for a new group of leaders to rise up. So, in summary, i would still choose anni over maumoon anytime.

  5. No Judge wants to bear the wrath of the MDP for imprisoning Anni, or perhaps they are genuinely motivated by Justice rather than by vengeance cloaked as Justice.

    May we somehow ALL try to be JUST rather than vengeful right now...


  6. Sorry MV, that was not "3 weeks of anti govt. protests"....This is a very small place and EVERYONE knows that it was the hideous "rent a mob" sponsored by Waheed's coup planners.

    Please, the whole world is looking at us now, report the whole truth and not the freak show staged by the mafia.

  7. Only someone who does not understand or able to read the judiciary laws, will male such a mistake to send the case to another island.

    Otherwise, there is a hidden motive behind instigated by higher authorities! How stupid

  8. anni and maumoon govt were both corrupt.there is no difference between them in that respect.had anni been successful in locking up the judge it would have turned into absolute rule too.any candidate other than anni and maumoon would be the better choice.

  9. TR you must me joking.....whom are you trying to fool??? Ask yourself WHY Hulhumale’ Court rejected case against former President Nasheed..


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