High Court supports order to prohibit Speaker

High Court has ruled in support of the order issued by the Criminal Court prohibiting Mohamed Shahid, brother of Speaker of Parliament Abdulla Shahid, from leaving the country.

The High Court ruling stated that Mohamed Shahid was prohibited from leaving the country on the accusation that; with regard to the reconstruction work of the islands that suffered damages during the Tusnami tragedy, in 2005 the National Disaster Management Centre had issued a purchase of credit form to attain the material needed for construction in the name of company ABC, and the money subsequently reclaimed by Apollo Company through the submission of invoices. Later in 2009 and 2010, the ABC Company had submitted copies of the invoices and the, which has caused corruption allegations for obtaining the money for a second time.

The High Court ruling stated that Mohamed Shahid was prohibited from leaving the country because, as he has been accused of being involved in corruption a case comprising of large amount of the State money, there is reasonable threat that he might go into hiding.

Shahid had contested in court that his prohibition is an infringement his right to Article 41 of the Constitution, the right to freedom of movement and establishment, to which the High Court answered that Article 41 of the Constitution is not an absolutely right that is granted without limitations.

The ruling also states that according to the Immigration Law, with the exception of those who have been prohibited from leaving the country in relation to a criminal sentence, or due to an order issued by a State institution with the prerogative to take people into detention, all people are free to leave the country. The High Court ruling also states that if it is found that it is absolutely necessary for the person to leave the country during the period of his detention, he has the right to submit such a case to the Criminal Court upon which, the Criminal Court may allow him to leave the country.