The High Court has overturned the island of Fulidhoo’s Magistrate Court ruling sentencing the island’s Council President Bushry Moosa to two months house arrest.
Bushry was sentenced to house arrest for his failure to be answerable to questions put forth by the Magistrate regarding a case against Fulidhoo Island Council.
After Bushry appealed the sentence at the High Court, the superior court overturned the Magistrate Court’s ruling on Sunday, stating that the case in question is not against Bushry as an individual, but against the council as an entity.
The High Court stated that although Bushry is the Council President, he cannot be answerable to the magistrate’s questions unless so mandated by law and regulation. It also noted that the sentence had been given after a letter had been submitted to the magistrate court informing that the council will notify them of a representative who will be answerable in the said case.
The superior court’s verdict further said that Bushry’s refusal to respond to the court’s queries cannot be considered contempt of court, or failure to abide by the judge’s orders.
It also said that if Bushry has been denied any remuneration or benefits due to the ongoing case, he has the right to submit it to the relevant court as a separate matter.
The superior court’s verdict was passed unanimously by the panel of three judges presiding on the case.