Tag: high court

High Court invalidates Maafushi Court’s ruling on prison officers’ beards

The High Court has ruled that Maafushi Court’s ruling that prison officers on the island be allowed to grow their beards was unlawful because Maafushi Court gave no opportunity for the defendant – the Department of Penitentiary and Rehabilitation Services (DPRS) – to say anything before the case was concluded.

The High Court also said that Maafushi Court’s ruling stated that the case was presented to the court by eight parties, but said that in the form presented to Maafushi Court there was only one person listed as the petitioner.

The High Court’s ruling, delivered by High Court Judges Shuaib Hassan Zakariyya, Abdulla Hameed and Yousuf Hussain, delivered the verdict made no mention about the legality of prison officers growing beards.

Last year a group of prison officers working for the DPRS filed a case against a requirement that male officers shave off their beards.

Maafushi Court Judge Ibrahim Hussain at the time ruled that men should not be told to shave their beards ‘’to make them look like women’’. All Prophets, from Adam to Mohamed (PBUH), grew beards, the judge observed.

In September last year, Rector of the Faculty of Sharia Law, Dr Ibrahim Zakariyya Moosa, reportedly said that a female student wearing the face veil studying at the Faculty of Sharia Law would be asked to remove it during class or face being expelled if she refused to do so.

Later the girl filed the case in the Civil Court, which has not yet reached a verdict.

Speaking to the press, current Attorney General Azima Shukoor said wearing the face veil in class should not be banned.

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Media accuses MNDF of abandoning Supreme Court guard duty

The Maldives National Defence Force (MNDF) has not confirmed whether a decision was made last night to withdraw MNDF officers providing security to Supreme Court and High Courts, following allegations in the local media today.

MNDF Spokesperson Major Abdul Raheem told Minivan News that he had seen the media reports but was unable to confirm whether the claims were true.

‘’I have seen the media reports and tried to clarify the details of what happened,’’ Major Abdul Raheem said. ‘’But I have been unable to make sure it is true or incorrect.’’

State Defence Minister Muiz Adnan said he had no any information about the matter.

Judicial Services Commission (JSC) Chair and Supreme Court Judge Adam Mohamed refused to comment on the issue.

Local media reported that at 7:00pm last night MNDF officers watching over the outside gates of the Supreme Court left with the key to the gate.

Newspaper Haveeru reported that the keys were handed back to the Supreme Court last night and informed that they were taken by mistake.

This afternoon, the paper quoted an official of the JSC saying that MNDF officers had been watching the Supreme Court today.

“Around 10 people gathered outside the court and started shaking the east side gate. They left when the lock was broken,” the official told Haveeru.

Five hours after the MNDF officers left the court a group gathered outside the court and broke the lock of the court’s east gate, the paper reported.

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MNDF dismiss High Court order to produce Judge Abdulla Mohamed

The High Court has ordered the Maldives National Defence Force (MNDF) to produce Chief Judge of the Criminal Court Abdulla Mohamed for the hearing of the case appealed by the Judicial Service Commission (JSC), following the Civil Court injunction preventing the JSC from taking action against Judge Abdulla over an ethical issue.

High Court Spokesperson Ameen Faisal told Minivan News that the High Court had ordered the MNDF to produce Judge Abdulla to the court at 4:15pm today, but said the MNDF had dismissed the order. Under the Maldivian Constitution the MNDF is answerable to the President, who serves as Commander-in-Chief.

”At 4:15pm the hearing was to be conducted but the presiding  judge decided that the case could not be conducted in the absence of Judge Abdulla and cancelled the hearing,” Ameen said.

MNDF Spokesperson Major Abdul Raheem told Minivan News that the MNDF had no comment on the matter.

The MNDF was previously ordered to produce Judge Abdulla Mohamed to dispute the legality of his detention, however the MNDF did not respond to any orders.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Lawyers of Chief Judge Abdulla Mohamed has requested the Supreme Court not to hear any case related to Judge Abdulla before the court decide on the request made by the lawyers to issue a writ to free the judge.

Former President’s Member of the JSC, Aishath Velezinee, has contended that while the government cannot keep the judge detained indefinitely without conducting an investigation, “releasing him is a threat to security.”

I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution,” she told Minivan News.

“We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers. The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.”

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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GMR and government to seek “win-win situation”: Razee

Infrastructure company GMR has said it will deduct revenue received from collecting a US$25 (Rf385.5) Airport Development Charge (ADC) from every passenger departing on an international flight from the concession fee to be paid to the government.

GMR informed Maldives Airports Company Limited (MACL) last Thursday of its decision. MACL officials had not responded to inquiries at time of press.

GMR planned to begin collecting the ADC at midnight on January 1 this year as per its contract with the Maldives government. Revenue was expected to amount to US$25 million (Rf385.5 million) in 2012, and would be put towards the ongoing development of Ibrahim Nasir International Airport (INIA).

However, a Civil Court ruling in December blocked the ADC on the grounds that it was identical to an existing Airport Services Charge (ASC) of US$18 (Rf277.56). The company’s shares on the Mumbai stock exchange subsequently fell 7.57 percent, India’s Economic Times reported.

The government subsequently appealed the case to the High Court. Meanwhile, GMR is not collecting the ADC.

Economic Development Minister Mahmoud Razee said that the concession agreement between GMR and the government assured each party a certain level of income.

“Because the ADC was included as revenue, until the matter is resolved any money that was going to be received from the ADC should be deducted from what GMR owes the government,” Razee explained.

Razee said that the Ministry of Finance will work with GMR and the government to resolve the matter, adding however that much of the decision rests on a verdict from the High Court.

He added that the related Amendment of Collection of Airport Tax (international travelers) Act 7/78 Bill is also before the Parliament, which is currently in recess until March.

Razee was optimistic about the outcome, however far in the future.

“The contract between the government and GMR allows for certain changes which are mutually respected and agreed upon by both parties,” Razee observed. “They will reach a win-win situation, even if some revenue is lost.”

GMR previously noted that the payment of a development fee was “a common concept in many airports globally”, particularly as a part of concession agreements where airports are privatised.

“The reason for the inclusion of ADC in many global concession agreements is to address the funding needs to meet the investment model required to upgrade and develop new airport facilities at significant costs,” GMR stated.

The company further claimed that the charge was included in the concession fee proposed between GMR and the government in 2010.

Meanwhile, in April India’s Supreme Court ruled against the charging of airport development fees which are not approved by India’s Airport Economic Regulatory Authority (AERA). However Delhi airport, developed by GMR, continued to charge the fee as GMR had obtained permission to collect the sum in 2010.

Speaking at the groundbreaking ceremony for INIA’s new terminal on December 19, President Nasheed said he wished to assure GMR that the government was “200 percent behind your contract, and every single other contract the government has signed with any other foreign party in this country. Not just contracts signed by our government, but also contracts that any ruler of the Maldives has signed with any party. We will honour it.”

The public response has not been so positive. Following GMR’s closure of duty-free shop Alpha MVKB, company CEO Ibrahim Shafeeq organised a protest under the slogan “Go GMR Go!” The protest was held on the grounds that the company was “demonstrating our opinions and dislike of what GMR has done to us and to get public responses,” Shafeeq told Minivan News at the time.

Kulhudhuffushi-South Independent MP Mohamed Nasheed also proposed an amendment to the Business Registration Bill in a bid to reserve airport shops and services for local ownership and “clip GMR’s wings”.

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High Court overturns Criminal Court suspension of MP Imthiyaz

The High Court yesterday ruled that the suspension of lawyer and MP Imthiyaz Fahmy for six months by Criminal Court Chief Judge Abdulla Mohamed for alleged contempt of court in February 2010 was unlawful.

The ruling Maldivian Democratic Party (MDP) MP for Maafanu North had appealed the decision in May 2010.

The three-judge panel of the High Court found that the suspension violated principles of procedural fairness and due process for declaring persons in contempt of court.

The judges noted that while the suspension was reported in local media the following day, Imthiyaz was not officially informed of the sanction until March 9, 2010.

Existing regulations however required that contempt of court must be declared either immediately during proceedings or established in a separate trial after offering the opportunity for the contemnor to answer the charge of contempt.

Speaking to Minivan News today, Imthiyaz observed that Chief Judge Abdulla Mohamed faced multiple allegations of misconduct and political bias.

“Whatever do you expect again from a judge whom in fact the Judicial Service Commission (JSC) has decided to take action against for his ethical misconduct?” he asked.

“This judge has a history of such issues. And never have I heard of a judge other than this judge who was in contempt of court by calling his own court ‘a political campaign camp’. One fatal flaw in the judiciary is that judges like him still sit in court.”

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he allegedly requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC, which was requested to launch an investigation.

“A good judge would always work towards priding himself on his ability to make good quality decisions but Judge Abdulla Mohamed seems to pride himself on something else,” Imthiyaz contended.

“In fact, if anything goes well in his court, it happens quite by chance.  And this is inevitable since the independence of judges was not well served by the vetting process that took place in August 2010 by the JSC. There are in fact criminal convicts sitting in courts as judges. The amended constitution does not allow for kangaroo courts like this.”

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Civil Court orders MVKB to vacate duty free shop within 48 hours

The Civil Court has ordered MVK Maldives Private Limited to vacate the Alpha MVKB Duty Free shop and hand the premises to GMR Male’ International Airport Private Limited within 48 hours, or face eviction by the authorities. The deadline expires at 10:00am on Wednesday.

Civil Court Judge Maryam Nihayath ordered the Police and Customs Department to implement the verdict in the event that MVKB refused to comply.

MVK’s lawyer Azima Shukoor said that shop evacuation and handover by MVKB was not possible as the shop was currently the property of Customs. “There is nothing we can do about the 48-hour deadline since we don’t have access to the shop. We are forwarding the court order to Customs and requesting access to take inventory of the shop before anything further is done,” she said.

Shukoor explained that certain goods required specific air temperatures, and the shop does not currently have cupboards or shop doors.

Shukoor added that MVKB’s case had been appealed to the Supreme Court, and that the company is awaiting that ruling.

The verdict came after GMR filed a case in the Civil Court for the second time when MVKB refused to implement the earlier verdicts of the Civil and High Courts on the issue.

Judge Nihayath recalled that the High Court has ruled that MVKB has no right to use the land without GMR’s consent because it violates contractual rights.

On December 4, GMR officials began to physically remove the Alpha MVKB Duty Free Shop at Ibrahim Nasir International Airport (INIA) after “several notices” to vacate the area were “ignored”.

On December 13, the High Court ruled that GMR had vacated the Alpha MVKB Duty Free Shop at Ibrahim Nasir International Airport (INIA) legally and according to the agreement between both companies.

The High Court stated that GMR gave notice on March 1 and, as per the agreement, the contract terminated on March 31. As no party could extend the termination notice, the court concluded that MVKB had no right to remain at the airport without approval from GMR.

Company CEO Ibrahim Shafeeq subsequently organised a protest on Thursday, December 15 “to demonstrate our opinions and dislike of what GMR has done to us, and to get public responses.” Posters and banners read “Leave us Alone” and “GMR Go Home.”

Shafeeq today said the protest was “very successful, and more people are signing the petition [against GMR].”

Shafeeq said he would continue to protest GMR. “It hurt me and as an individual I have to defend myself,” he said.

Speaking to Minivan News yesterday at the groundbreaking ceremony to mark the beginning of work on the new airport terminal, GMR Chairman G M Rao said the company had encountered similar resistance from existing concessionaires when developing airports in Delhi and Istanbul.

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MVK to protest against GMR following eviction of Alpha MVKB duty free shop

MVK Maldives is organising a protest against airport developer GMR at 8:30pm on Thursday evening in Male’, following the eviction of the company’s duty free shop from Ibrahim Nasir International Airport (INIA).

“We are just demonstrating our opinions and dislike of what GMR has done to us and to get public responses,” said MVK CEO Ibrahim Shafeeq.

The protest comes after the High Court upheld an earlier Civil Court ruling that GMR’s termination of its contract with Alpha MVKB Duty-Free was lawful.

The High Court noted that GMR gave notice on March 1 and, as per the agreement, the contract terminated on March 31. As no party could extend the termination notice, the court concluded that MVK had no right to remain at the airport without approval from GMR. Alpha MVKB was originally leased for 10 years under an agreement between MVK and Maldives Airports Company Limited (MACL), with a one month termination clause, the court noted.

On December 4, GMR officials began dismantling a temporary wall outside the Alpha shop and packing up the shop’s contents. Customs officials intervened to oversee the management of the shop goods, which included alcohol products.

Shafeeq claimed that GMR’s actions were “unprofessional”, and he further demanded an apology from Minivan News claiming that its coverage of GMR’s eviction of Alpha MVKB had damaged his reputation.

“What GMR has done is without my permission and without consultation of Customs. They broke into our premises and were stealing our goods and we don’t know where they are now,” he alleged.

“They ransacked the place, we don’t know what they did with the goods, they are under Customs’ purview. We don’t know where the goods are.”

Asked what he hoped to achieve at tomorrow’s protest, Shafeeq replied “Achieve? To get the public opinion on whether we are right, or they are wrong.”

A petition is currently being circulated to register public support for MVK’s cause. The Alpha shop’s General Manager Ahmed Nazim told Haveeru that 30 such papers have been set up outside the MVK office at the Carnival area.

MVK was reported in Haveeru as having provided financial backing to the ruling Maldivian Democratic Party (MDP). Shafeeq confirmed the relationship, but said that the planned protest had no political connotations.

“This is nothing to do with any political party. It’s just with MVK employees and the people who are with MVK, who like us, and will sign a petition.”

MVK currently employs “close to 500 employees in Addu, Fuvahmulah, and Male’,” Shafeeq said.

“We are the major supplier for the Maldives hotel industry,” he claimed, adding that the company did not have plans to open another shop.

Pick up trucks with loudspeakers circled Male’ today calling on aiport employees and their families to join the protest.

GMR said the protest would not impact airport operations.

“We are continuing with business as usual, we have an airport to run and cannot stop our operations for this protest,” a spokesperson said.

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High Court invalidates Criminal Court verdict against police officer

The High Court has invalidated the Criminal Court’s ruling on a Police Drug Enforcement Department (DED) Officer.

The officer was accused of asking an inmate to find him two girls between the ages of 16 to 25 to have sex with him three nights from 8:00pm to 1:00am, and that in exchange the inmate was to be freed and the case dropped.

The High Court identified the inmate as Mabaah Waheed of Maafannu Jaina and the police officer as Police Constable Ahmed Ismail.

The Criminal Court had ruled that according to Mabaah’s statements, documents presented to the court and text messages sent to Mabah’s mobile phone warranted enough evidence to suggest claims made by Mabah against Ismail were true.

The High Court however noted that Mabaah was arrested by the police on a drug related matter in a case Ismail investigated, raising the possibility that Mabaah might have a grudge against Ismail and so his statements would be weak.

The High Court said in the ruling that Ismail had argued that evidences and statements given by Mabaah should be invalid because Mabaah was inclined to give false statements as Ismail had not commuted the investigation.

The texts allegedly sent to Mabaah by Ismail requesting for the girls were not tested by any digital analysis system, the High Court said, adding that there was not enough evidence to suggest the texts were really sent by Ismail.

The Court also said that there was no evidence other than the words of Mabaah that the documents, written in English, were given to him by Ismail asking for the two girls.

Delivering the verdict, the High Court said it was hard to believe that a person would give a document making such a request, and that the only evidence that the Prosecutor General has presented to the court was the document  and the text messages on the mobile phone, not enough to prove that the officer was guilty.

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