State: Ban on Haveeru reporters ‘unconstitutional’

The State has called the Civil Court ruling to ban former employees from working in any other news agency for the next two years - a violation of Maldivian Constitution.

Civil Court issued the two-year ban and ordered Ministry of Home Affairs to penalize any violations.

Acting Minister of Home Affairs at the time, Attorney General Mohamed Anil had stated after the ruling that the order cannot be enforced as neither the Maldivian Constitution nor any law called for such a penalty.

Civil Court had subsequently issued a statement challenging the AG, and ordering for the ruling to be enforced.

The State then filed for appeal with the High Court.

During the first appeal hearing held at High Court this Tuesday morning, the lawyer from AG Office said that the judge’s decision to ban former Haveeru employees was unconstitutional.

The lawyer said that judges needed to make their decisions based on the Maldivian Constitution and laws, and on Islamic Sharia – if it’s not an issue covered in the Constitution or laws of the country – as stated in Article 142 of the Maldivian Constitution.

She said that the two-year ban took away the freedom to work, a right guaranteed by Article 37 of the Maldivian Constitution.

The judge presiding over the case, Judge Abdul Rauf Ibrahim questioned the motive behind the State’s decision to appeal the ban, he asked whether if it was to protect the interest of the

State, or the interest of the Haveeru reporters.

The AG lawyer said that they had appealed the ban because Ministry of Home Affairs had been ordered to enforce the ban and punish any reporter who violated the ban, while the ban was not something the State can enforce.

She said that the State cannot enforce an unconstitutional ban, and that it was the responsibility of the State to ensure that Maldivian citizens are guaranteed their constitutional rights.

The lawyer said that the ban was a violation of Article 25(a) of Maldivian Constitution which states that no one can be coerced into working.

Judge Rauf is overseeing the case along with Judge Ali Sameer and Judge Abdulla Didi.

The State has also requested for a temporary hold on the ban.