Tag: civil court

High Court concludes city council’s appeal into ownership of MDP protest site

The High Court on February 13 concluded an appeal by Male’ City Council (MCC) over the ownership of the ‘Usfasgandu’ land plot in the capital, leased to the opposition Maldivian Democratic Party (MDP).

The court is expected to rule on the appeal during the next hearing of the trial, which has yet to be scheduled.

The council’s High Court appeal followed a case filed by the Housing Ministry at the Civil Court ordering the MCC to hand over the land in seven days. The plot of land has been used by the MDP as a base for protests in Male’ for much of last year.

Lawyers from the Attorney General’s told the court that the MCC had given the land to a political party that was supposed to be used for social and leisure purposes.

The MCC claimed that had not been given adequate opportunity by the lower court to present its defense before the ruling to hand over the land was made.

According to local media present at the court, the AG’s lawyers claimed it was the duty of the council to prove their innocence in the matter.

The presiding judges said a verdict would be delivered at the next hearing unless the court needed to further clarify the matter.

The Male’ City Council gave the land to the MDP after its protest site near the tsunami monument area was dismantled by military and police on March 19, 2012.  The camp was dismantled the same day President Dr Mohamed Waheed delivered his presidential speech to the parliament, amid protests inside and outside the parliament chamber.

In May 2012, the Maldives’ cabinet ordered the Usfasgandu site be handed over from the MDP-dominated council to the jurisdiction of the government’s Ministry of Housing.

Following what it called the “non-compliance” of the MCC in handing over the area, police were asked to intervene and “take over”.

A chain of appeals eventually led to the MDP being evicted from the site and cordoned off by police on the orders of the High Court.

Police has previously raided the site on the morning of May 29, 2012, after obtaining a search warrant from the Criminal Court.

The reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

Under ‘evidence’, the warrant alleged that people in the Usfasgandu area verbally abused police officers and damaged a police vehicle on April 20, obstructed a Maldives National Defence Force (MNDF) exercise of May 9, and on May 25 “MDP protesters threw a cursed rooster at MNDF officers.”

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Civil Court rejects case against Home Minister

The Civil Court has rejected a case accusing Home Minister Dr Mohamed Jameel Ahmed of influencing the ongoing trial against former President Mohamed Nasheed.

The case was filed by Maldivian Democratic Party (MDP) MP Mohamed Rasheed, however it was rejected by the Civil Court on the grounds that Rasheed had no connection with the case involving the former president at Hulhumale’ Magistrate Court, local media reported.

The case filed by Rasheed against Jameel stated that remarks made by the home minister on January 29 could influence the judges in their ruling against Nasheed, local media reported.

Jameel – who was formerly Justice Minister under Maumoon Abdul Gayoom’s administration – was reported in late January as stating that it was “crucial to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

He alleged the delay in Nasheed’s prosecution was due to “various reasons”, and would very likely have “adverse effects on the political and social fabric of the nation”.

“If things happen  this way, people will start believing that it was due to the failure to address some issues in the Maldives’ judicial system, which need to be looked into. And in my opinion, the courts will have to take responsibility for this,” Jameel said in an interview with news website Haveeru.

The MDP’s case requested the court to rule that Jameel should not make comments that could influence any ongoing trials.

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Police decision to ostracise Raajje TV unconstitutional, rules civil court

The Civil Court has ruled that a decision by the Maldives Police Service to cease cooperating with opposition-aligned TV station Raajje TV was unconstitutional.

Police announced in July that they had stopped cooperating with the local broadcaster, alleging that the station was broadcasting false and slanderous content about the police which had undermined its credibility and public confidence. Raajje TV subsequently filed a suit in the civil court challenging the legality of the decision and requested the court to order police take back their decision.

Delivering the verdict, Civil Court Judge Mariyam Nihayath said the court was of the view that the police decision had been to completely suspend cooperation with the TV station, rather than just barring the channel from specific events and functions.

The judge added that the court believed such a decision was “extremely dangerous and significantly serious” and could result in “chaos and infringement of social harmony.”

Dismissing the police argument that it had the sole discretion to decide who to invite to press conferences and functions, the court stated that the action more resembled a deliberate attempt to limit the constitutional rights of freedom of expression, freedom of media and the right to information.

“Therefore, the court finds the decision by the Maldives Police Service to not to cooperate with Raajje TV a violation of the constitution of the Maldives and the Maldives Police Services Act, and orders the Maldives Police Service to provide protection for the employees and property of the station, and to not discriminate against the  TV station when providing information,” read the verdict.

Following the decision, police media official Superintendent Hassan Haneef told Minivan News that police would fully respect the court’s decision.

He further said that a police legal team would be reviewing the judgement and if the need arose, would appeal the decision in the High Court.

“We will come to a decision very soon. We will also be seeking advice from the attorney general and then seek a final decision on whether to appeal the case,” he said.

Meanwhile, Deputy CEO of Raajje TV Yamin Rasheed told the media that the judgement was a “huge achievement” for both the station and those working in the media.

“Raajje TV single-handedly stood up against the decision without support from any authority or organisation. We knew the police decision was wrong and that is why we filed the case. I believe this is a huge achievement for both Raajje TV and the media of the country,” he said.

Following the decision last year, police issued a statement claiming the channel had “deliberately and continuously broadcast false and baseless content with the intention to incite hatred [towards police].”

“Raajje TV’s broadcasting of false and baseless content about the police institution is seen to be carried out for the political benefit of certain parties and such actions neither fit with the norms of professional journalism or the principles followed by media outlets of other democratic countries,” read the statement.

The decision came just a day after Raajje TV broadcast CCTV footage of several police officers, whom the station alleged were “caught on video” while attempting to steal petrol from a motorbike parked in an alley in Male’.

Police later denied the allegations and condemned Raajje TV for spreading “false and untrue” information about them.

Superintendent of Police Abdulla Navaz in a press briefing at the time stated that the video footage was showing police carrying out their legal duty.

Raajje TV had twisted the details and information in their news report, Navaz alleged, claiming that police were confiscating a five litre container of petrol rather than stealing it.

Following the broadcast of the video, the Maldives Broadcasting Commission (MBC) sent a letter to the TV station accusing it of broadcasting the content without checking its authenticity and ordered it to apologise for its  actions.

However, speaking to Minivan News at the time, Yamin confirmed the incident took place and said the station would stand by its broadcast.

Raajje TV is one of the five private broadcasters in the country and is the only television station aligned with the opposition Maldivian Democratic Party (MDP). The TV station has come under substantial pressure and criticism from groups including the government and political parties aligned with it.  The station has also claimed to have faced outright sabotage.

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Civil Court rules no need for ACC apology to Nexbis

A ruling passed by Civil Court has stated there is no need to order the Anti-Corruption Commission (ACC) to apologise to Nexbis.

The Malaysia-based mobile security provider claimed that ACC had publicly made defamatory statements regarding the agreement between the company and the immigration department, local media reported.

The case brought forward by Nexbis asked to determine whether statements made by ACC in the media were against the constitution and laws of the state.

Nexbis had also asked for an order to be issued upon ACC to refrain from making statements regarding the agreement until all court cases are settled and to publicly apologise for their actions.

Civil Court ruled it was not proven to the court that the ACC had acted outside the boundaries of the constitution or any laws of the state, local media reported.

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Civil Court orders Usfasgandu “handed over” within seven days

Male’ City Council has been ordered by the Civil Court to “hand over” the Maldivian Democratic Party (MDP) political activity area Usfasgandu to the Ministry of Housing and Infrastructure within the next seven days, reports local media.

The Usfasgandu area was given to the Male’ City Council on September 19, 2012 and according to the Civil Court ruling – citing the regulation regarding land transfers under council jurisdiction – it is “evident” the land is being used in a way that violates the government’s land use plan. This violation is because the city council lacks the authority to “hand over” the land to other parties [the MDP], according to Sun Online.

The civil court’s ruling also states that the city council’s current use of the area is in contradiction to the agreement made between the council, Ministry of Housing and Infrastructure, and Ministry of Finance and Treasury.

In that agreement, the land “shall be kept empty for public use and that the land shall be developed in manner accessible to the public all times.”

Structures are allowed to be made within the 800 square foot land area, as long as they do not exceed three metres in height and can be used as “toilets, changing rooms, showers, short eats vendors, or a place to sell drinking water,” local media stated.

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Court orders Zitahali Resort, Spa Kuda-Funafaru to pay MIRA US$300,000 in fines

Civil Court has ordered Zitahali Resort and Spa Kuda-Funafaru to pay over $300,000 to Maldives Inland Revenue Authority (MIRA) in fines, local media has reported.

The court order states that Zitahali Resort owes MIRA a total of $384,172.68 as lease rent, land rent, adjusted advance payment and fines from failing to pay the amount by November 2012, local media reported.

According to Sun Online, Zitahli is owned by Moosa Shiyam Abdullah Ali, brother of Maldivian Democratic Party MP Ahmed Hamza.

The Civil Court order states that Ali has three months to pay the full amount to MIRA.

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Nexbis files court case over Maldives contract termination

Nexbis has filed a case with the Maldives Civil Court claiming that the People’s Majlis lacks the jurisdiction to order the government to terminate the IT company’s Border Control System (BCS) contract.

The lawyer representing the Malaysia-based mobile security provider, Ismail Wisham, revealed that the case was filed at Civil Court on Tuesday (December 25).

Wisham also stated that a request had been filed with the court to issue an order that the government delay parliament’s decision to cancel the contract until outstanding several ongoing trials in the country concerning the contract were resolved.

Earlier this week, parliament voted unanimously to instruct the government to terminate the border control project agreement with Nexbis.

All 74 MPs in attendance voted in favour of a Finance Committee recommendation following a probe into the potential financial burden placed on the state as a result of the deal.

Speaking to local media on Tuesday (December 25), Home Minister Dr Mohamed Jameel Ahmed claimed the government would respect parliament’s unanimous decision to halt the BCS project agreement with Nexbis.

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Civil Court orders DRP MPs Azim and Nashiz to hand over mortgaged property as payment for BML loans

The Civil Court has ruled on Thursday that the properties mortgaged in relation to the Funaddoo Tuna Products unpaid loans are to be handed over to the Bank of Maldives (BML) within a period of 15 days.

The ruling permits BML to then sell the property in order to settle the payments. The mortgaged properties are Madivaru Yacht, Reethi Beach Resort and Funaddoo.

BML said in court today that as a result of delaying payment, the due amount has now risen from MVR 117 million (US$7,587,549) to MVR 206 million (US$13,359,274) , once the loan interest is added.

Representatives of the bank said in court today that the accounts of the individual guarantors have been frozen, according to local media. The guarantors are Dhivehi Rayyithunge Party MPs Ali Azim and Mohamed Nashiz, and Ahmed Rasheed of Rafeeguge.

The bank also said that the passports of the DRP MPs have now been held, preventing them from departing the country.

BML declined from commenting on the issue at time of press as the matter is an ongoing case.

Voted against Waheed’s wishes, court summons again: MP Azim

DRP MP Ali Azim has stood by his earlier allegation that the case being carried through now is politically motivated.

The police were given an order to present MPs Nashiz and Azim to court under detention, while the hearing was scheduled for the same time as the taking of votes in parliament to approve secret balloting for impeachment votes.

The court order was first cancelled a few hours after it was issued. Police Media Official Sub-Inspector Haneef had at the time said that the reason provided by the court was that the presiding judge had been abroad, and other cases had been scheduled.

Azim stated in parliament that he had received calls from President Mohamed Waheed Hassan, President’s Political Advisor Ahmed Thaufeeg and Spokesperson Abbas Adil Riza, asking him to cast the vote on secret balloting in a way they preferred. He alleged that they had offered to stop the summons if he voted in line with them.

Azim had said in parliament then that he was “not the least bit surprised” that Waheed had called, adding that Waheed had called previously for similar matters, including the Football Association of Maldives (FAM) elections.

However, the MP subsequently voted in favour of secret balloting.

The Civil Court then summoned the MPs to court again, and the hearing was held Thursday.

“We were summoned to court, and then there was the attempt to intimidate me. When I voted against his wishes, the court immediately summons me back again. I believe this is politically motivated,” Azim said today after the hearing.

DRP Leader Ahmed Thasmeen Ali, MP Mohamed Nashiz and Speaker of Parliament Abdulla Shahid were not responding to calls at the time of press.

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Civil Court issues, cancels order to detain DRP MPs Nashiz and Azim over BML debts

The Civil Court issued an order on Sunday to take Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim into custody and present them in court.

The order was cancelled later the same day, on the grounds that the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, the DRP declined from making any comments on the issue. MP Dr Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr Mausoom was not available for comment after the cancellation.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd, asking the court for assistance in seeking due payments from the two persons.

This is in relation to a verdict by the Civil Court ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to DRP Leader Ahmed Thasmeen Ali – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML). The verdict was also upheld by the High Court in October 2011.

“This is the normal procedure. The courts have summoned them numerous times, and they have continued to fail to attend, with no acceptable reasons presented. It is then legally at the court’s discretion to have police intercept and present them to court,” Majid said.

He further confirmed that the members would be released from custody after Monday’s hearing.

Meanwhile, the vote to determine if secret ballots can be taken during the taking of no confidence votes have been scheduled for Monday’s parliament session.

Waheed attempting to influence vote: MP Azim

DRP MP Azim has alleged that President Mohamed Waheed Hassan and other senior members of the executive had approached him, offering to cancel the court summons if he agreed to vote for the secret balloting in a way they preferred.

Azim alleged that in addition to Waheed, his Political Advisor Ahmed Thaufeeq and Spokesperson Abbas Adil Riza had called him and made similar statements.

Azim further said in parliament today that he was “not the least bit surprised” that Waheed had called, adding that he had expected as much. He alleged that Waheed had previously called him with similar intentions, including during the Football Association of Maldives (FAM) elections.

Following the arrest of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor and Jumhooree Party MP Abdulla Jabir last Thursday alleging use of alcohol, many opposition politicians claimed that this was a political stunt to jeopardise Monday’s vote.

Both the Maldivian Democratic Party(MDP) and the Human Rights Minister Dhiyana Saeed alleged that there was a “political motivation” behind the arrests.


The Civil Court issued an order on Sunday to keep Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim in custody and to present them in court. Later in the day, the order was cancelled, claiming the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said that the police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, DRP declined from making any comments on the issue. MP Dr. Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr. Mausoom was not available for comments after the cancellation until the time of press.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd asking the court for assistance in seeking due payments from the two persons.


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