The High Court has decided today that Members of Parliament (MPs) can be arrested at crime scenes, despite the article in the Parliament Standing Orders which stipulates that MPs shall not be arrested prior to Parliament decisions on motions to remove the President, judges, members of independent institutions and independent officers from office.
This decision comes in relation to the case appealed by the State, following Kulhudhuffushi Magistrate Court’s decision that Kaashidhoo MP Abdullah Jabir and Henveiru-dhekunu MP Hamid Abdul Ghafoor should be released, after they were arrested in the island of Hdh. Hondaidhoo under suspicion of consumption of alcohol.
The High Court’s decision states that in light of the Constitution, the Police Act, and Islamic Sharia, the article in the Parliament Standing Orders which stipulates that MPs cannot be arrested with imminent no-confidence motions at the Parliament, does not mean that MPs cannot be arrested regardless of the circumstances.
The High Court highlighted that the purpose of this article in the Standing Orders is to prevent MPs’ absence when votes are taken at the Parliament.
It further said that when Kulhudhuffushi Court made its decision based on the Standing Orders, the possibility did exist of evidence being destroyed, and of witnesses being unduly influenced.
Kulhudhuffushi Magistrate Court had stated in its ruling that the two MPs should be released since there was no possibility of evidence being destroyed or influenced.
Today, the High Court declared Kulhudhuffushi Court’s decision to release the suspects void.
The High Court also decided today that the Police can request an order from the relevant court if they have further reasons to arrest the two MPs, in addition to the reasons identified earlier.