Police seek criminal charges against 18 year-old pair for refusing to submit to search

Police have requested the Prosecutor General’s Office (PGO) press criminal charges of “disobedience to an order” against a pair of 18 year-olds who refused to submit to a search by police officers on patrol.

According to police media, officers on patrol attempted to search Hussain Hassan, of Ghaaf Dhaal Thinadhoo Semy, and Ahmed Sanij Sodiq, of Gaaf Dhaal Thinadhoo Melon House, around 9:30pm on September 26 near the old Jamalludheen School building in Male’ “based on their [suspicious] behaviour”.

The pair allegedly refused to submit to the search and “obstructed policy duty.”

Article 88(a) of the Penal Code states, “It is an offence to disobey an order issued lawfully within the  Shari’ah or Law; a person guilty of this offence shall be subjected to a punishment of exile or imprisonment or house detention not exceeding 6 months or fine not exceeding MVR 150.00.”

Article 47(a) of the constitution however states, “No person shall be subject to search or seizure unless there is reasonable cause.”

While in government, the formerly ruling Maldivian Democratic Party (MDP) accused former President Maumoon Abdul Gayoom of using his influence on the judiciary to target MDP members using article 88(a) of the outdated penal code, which was drafted in the 1960s.

“What we are seeing today is, quite simply, a concerted attempt by the old guard to reassert itself. Having lost the presidency, and having recently lost control of the parliament, Gayoom and his allies are trying to win back power through the last non-violent channel open to them: the courts,” MDP Chairperson ‘Reeko’ Moosa Manik said in a statement on October 25, 2011.

“Worse, Gayoom’s allies and the courts are using the notorious article 88(a) of the Criminal Code – a broad catch-all provision on ‘disobedience to order’ used by Gayoom when he was President to attack and imprison political opponents. Mohamed Nasheed, now President, was arrested and prosecuted dozens of times under article 88(a), as were many other pro-democracy activists.”

Meanwhile, at a press briefing on Wednesday, Assistant Commissioner of Police revealed that officers on patrol after midnight have questioned 2,930 individuals in the past few weeks and prepared their profiles.

The Head of Central Operations Command explained that police have been “questioning people awake and out on the street without a purpose after midnight” as part of an ongoing operation to curb crime in the capital.

Saudhi also claimed that the government’s decision to revoke licenses of businesses to operate 24-hours has led to a decrease in the crime rate.

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11 thoughts on “Police seek criminal charges against 18 year-old pair for refusing to submit to search”

  1. I am also pro-democrat and I do not think arrest of Gasim, Yameen and other MPs by Anni was legal and neither it was ethically correct or will given any strength our democracy. But it rather was a threatening message to the public and our young democracy.

    I also do not think that locking up the supreme court was something good for the democracy.

    In a democratic society , majority rules and minority need to accept it . But majority need to tolerate things what minority wants provided that it is not detrimental things for the whole society.

    Now the majority of Maldivians are not MDP members and majorities are the rest of the people and MDP have to accept the fact.

    All the elections that we had after 7th Feb. speaks itself and MDP was not able to win much and 80% is won by the other other parties not MDP

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  2. @Mody if you are for democracy, no point in talking about number of votes in elections held after Feb 7th. The lawfully elected president of the country was deposed in a coup you should be screaming blue murder, and asking for an election after all that is what democracy is about.

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  3. More scruffy looking Maldivian men..........they need to be locked up for their scary looks alone..........it seems the 'caveman' look is trending in Male these days.
    Are there no barbers in Maldives?
    Is soap, not available in Maldives?
    Is deodorant very expensive in Maldives?
    Yuck Yuck Yuck

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  4. coming from a lady who's fellow country men have never heard of the concept of deodorant,

    I bet you have a uni-brow, and smell so vile no human being could approach you within miles without a hazmat suit

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  5. It pains me that we as a society would not even consider garrotting these two individuals and those that raised them.

    Virtue stems from a mothers womb and our mothers, hence our entire female population, are failures of the highest magnitude. Women should be ashamed of themselves.

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  6. @mody : I agree with you man, whole heartedly.

    @shaana : this is where u "cult" members are going wrong. it seems you are the one who cannot grasp what DEMOCRACY is! democracy is equality ! when a majority agrees on something (like voting for someone in either a bi-election or whatever) ...you have to accept the fact the other side won.
    you cant "tell" what Mody should be doing and should not be doing... its his own right if he doesnt "scream blue murder"

    your cult leader is not everyones president!

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  7. You can be taken to police station, take a picture (profiled), for standing idly on the sidewalk for 6 minutes. I experience this in Gayooms time.

    Is this protecting the public or harassing the public.

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  8. This person who identifies him/herself as 'MissIndia NewDelhi' seem to be a depraved individual with a great loathing towards Maldivians in general. Wonder why.

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