High Court supports the ruling against Nasheed

High Court has supported the rulings of the Hulhumale’ Court, in which the court ruled against a number of procedural points submitted by former president Nasheed.

In the initial case, Nasheed presented three procedural points to the court.

The first point states that the decision to conduct Hulhumale’ Court hearings in Male’ was against the law. Hulhumale’ Court decided against Nasheed’s point, while today, the Supreme Court too has supported Hulhumale’ Court decision.

The High Court ruling regarding this point states that, while the constitution guarantees a fair and transparent trial as a fundamental right, the building which houses the Hulhumale’ Court does not allow a large number of people to gather to observe the trials.

The High Court stated that the regulations governing the courts does not restrict the trials of one court to be held in another island and that, it was decided to carry out Nasheed’s trials in the Justice Building (in Male’) as means to facilitate a transparent trial as specified in the constitution.

Second procedural point presented by Nasheed stated that the court order issued by the Hulhumale’ Court summoning him to court was issued against regulations.

High Court ruling regarding this point states that even though the regulations states that the court order summoning someone to court must be made through the specific court established in the particular island in which the person resides, it does not disallow a court order to be directly issued by the court seeking to summon the person. High Court has ruled in favour of the Hulhumale’ Court order summoning Nasheed to court, stating it as a legitimate order.

Nasheed’s third point asks the High Court to make their own ruling regarding the legitimacy of the Hulhumale’ Court, even though the Supreme Court has already decided that the Hulhumale’ Court as legitimate.

The High Court ruling regarding the point stated that the Supreme Court is the highest authority in the Maldivian judicial process, and that the constitution clearly states that all courts in a lower hierarchy shall obey the decisions of the Supreme Court. High Court stated that they will not be able to make a ruling regarding the legitimacy of the Hulhumale’ case because the Supreme Court has already made a decision on the legitimacy of the Hulhumale’ Court.

Speaking to the press after the hearing, Nasheed’s legal team said that the High Court was disconcerting and that they will review the case and appeal in the Supreme Court.