Criminal Court has declared today that they cannot proceed with a case submitted by former President Mohamed Nasheed’s legal team asking to declare that he was arrested illegally, reasoning that his arrest was granted by a court order.
Nasheed was arrested and taken to Dhoonidhoo yesterday following a court order by Hulhumale’ Court to arrest him in order to produce him to a court hearing scheduled for 1600 hours today.
The hearing is for the case regarding the illegal detention of the Criminal Court judge Abdulla Mohamed, who was arrested during Nasheed’s term of office.
Nasheed’s legal team submitted the case asking for an order for his release from Criminal Court yesterday.
An official from the Criminal Court said today that a lawyer from Nasheed’s legal team, Hisaan Hussain had submitted the case to the court promptly after Nasheed’s arrest and that the court had contacted the Police to clarify the reason and location of Nasheed’s detention. The official said that the Police had replied that Nasheed’s arrest was granted by the court order and that Nasheed’s legal team has now been notified that the case cannot be pursued as he was arrested under court order.
“The Police said that he was arrested under a court order, so there is no room to declare that it is an illegal arrest. If the arrest was illegal then the case could have been pursued. But the matter had unfolded according to the law. If they want to change the Hulhumale’ court order, they have to appeal it in a higher court,” the Criminal Court official said.
Nasheed was arrested after he failed to attend court for his last two previous hearings.