Rejecting Nasheed's case creates disparity: State

The State Attorney said at yesterday’s hearing at the High Court that hearings for a case filed for the threatening and allegations of sexual misconduct against Judge Abdulla Mohamed is currently ongoing at the Hulhumale Magistrate Court and that given the case of the arrest and detainment of Judge Abdulla is of similar type, accepting one case and rejecting another creates a disparity. State Attorney said that when the case of the harassment and allegations of sexual misconduct against Judge Abdulla was submitted to the Criminal Court, the Supreme Court had suggested the case be filed at the Hulhumale Magistrate Court instead and so the case of Judge Abdulla’s arrest had also been filed at the Hulhumale Court as filing the case at the Criminal Court would lead to a conflict of interest as Judge Abdulla was the Chief Judge. The State said that under the Court Regulations the Hulhumale Magistrate Court can hold the hearings for the case given that Hulhumale is included in the Male constituency, and also because each person the State has filed the charges against has their permanent address in the Male constituency as well. Furthermore, according to Court Regulations the type of case submitted to the Hulhumale Magistrate Court is within the types of cases the court for a fact can entertain and thus as a conclusion, the State Attorney requested the court to annul the decision by the Hulhumale Magistrate Court that it cannot entertain the case and issue a final verdict that the lower court can do so. Judge Yoosuf Hussain of the High Court, who is one of the Judges presiding over the case said today that the verdict will be delivered at the next hearing and that any further inquiries should be made at the next hearing. The other two Judges presiding over the case are Chief Judge of the High Court Ahmed Shareef and Judge Ali Sameer. These types of cases do not have a defendant, and the High Court had previously concluded a similar case where the Juvenile Court had refused to investigate a murder case. The Hulhumale Magistrate Court rejected the arrest case of Judge Abdulla on the pretext that it did not have the jurisdiction to investigate the case, and the Prosecutor General (PG) office was given the same answer when it had requested reconsideration. Besides Nasheed, the case is also filed against former Defence Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defence Force Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Ahmed Ziyad. They are all charged of the unconstitutional arrest of an innocent person under Article 81 of the Penal Code.
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