Nasheed appeals High Court decision in the Supreme Court

Former President Nasheed has appealed in the Supreme Court, the case of procedural issues taken up regarding the Hulhumale’ Court case. High Court has recently ruled supporting the rulings made by Hulhumale' Court regarding the issue.

An official from the Supreme Court said today that the appeal was submitted to the court today but said that a decision on the course of action has not yet been made by the court.

“The case has now entered the Supreme Court. The court has not made any decisions regarding case. The court will make a decision regarding according to due procedure,” said the official.

Nasheed had appealed three procedural points in High Court. They are; that the decision to conduct Hulhumale’ Court hearings in Male’ was against the law, that the court order issued by the Hulhumale’ Court summoning him to court was issued against regulations, for the High Court to issue a ruling regarding the legitimacy of the Hulhumale’ Court.

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. 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.

Regarding the second procedural point High Court ruled in favour of the Hulhumale’ Court order summoning Nasheed to court, stating that the order is legitimate.

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. This point too was decided against Nasheed.

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.

Including Nasheed, former Defence Minister Thol’hath Ibrahim Kaleygefaanu, former Chief of Defence Force Major General (Rtd) Moosa Ali Jaleel, Brigadier General (Rtd) Ibrahim Mohamed Didi and Colonel Mohamed Ziyad also carry charges for the illegal detention of the Criminal Court Judge Abdulla Mohamed.