State requests High Court Order to arrest Jabir

The State has asked the High Court for an Order to arrest Kaashidhoo MP Abdullah Jabir, after he was released by Kulhudhuffushi Magistrate Court subsequent to being arrested under suspicion of alcohol consumption.

This request was made at a hearing in High Court today of the case appealed by the State on Kulhudhuffushi Court’s ruling to release Jabir.

At today’s hearing, State Prosecutor Hana Waheed requested High Court to cancel the Kulhudhuffushi Court’s ruling which stated that that there are no grounds to arrest Jabir.

Hana said that Article 202 of Parliament Standing Orders is against the Constitution, and requested the Court to cancel this Article and issue an Order to arrest Jabir.

She said that Kulhudhuffushi Court did not take Article 49 of the Constitution into account when it ruled that there are no grounds to arrest Jabir.

She highlighted that Article 17 of the Constitution states that everyone is entitled to rights and freedoms without discrimination of any kind including political opinion or property, and Article 20 states thatevery individual is equal before and under the law; thus, people should not be discriminated based on position in society or employment.

Hana said that Judges have an obligation to consider Article 49 of the Constitution when deciding the detention period of a suspect, and that the decision to release Jabir was made after considering Article 202 of the Parliament Standing Orders.

She pointed out that because the Parliament only has the authority to make laws related to attendance, conduct and administration of Members of Parliament, Article 202 of the Standing Orders is not within the mandate of the Parliament.

The Police earlier requested Kulhudhuffushi Court for an Order to detain Jabir from 16 November for 15 days. Kulhudhuffushi Court made its decision after considering Article 202 of the Standing Orders, and stated that only Police have the evidence related to this case, and that it is not likely that Jabir can influence the Police.

Jabir has appointed three defence lawyers. His team of lawyers said today that since Jabir received the Court notification yesterday afternoon, more time is needed to prepare the defence.

The Judge concluded today’s hearing by announcing that the next hearing will be held sometime next week.