High Court rejects Nasheed

High Court has rejected the constitutional case filed by former President Mohamed Nasheed.

Nasheed's case claims that the Prosecutor General does not have the authority to file new charges after charges are withdrawn for review.

High Court said that such cases are in the jurisdiction of the Supreme Court, and not the High Court.

Article 223 (g) of the Constitution states that the Prosecutor General’s responsibilities and powers include “to take over, review and continue any criminal proceedings instituted by any prosecuting body authorized to initiate prosecutions pursuant to a law enacted by the People’s Majlis, and at his discretion to discontinue any criminal proceedings at any stage prior to judgment.”

Nasheed’s lawyers have claimed that the Prosecutor General’s Act does not state that new charges can be filed after charges are withdrawn for review.

In an earlier verdict on a case filed by Chairperson of Maldivian Democratic Party (MDP) Ali Waheed, High Court stated that the Prosecutor General, after withdrawing charges without giving any reason, cannot file the same charges for a second time. There are however no High Court precedents regarding filing new charges after review.