Court issues nationwide injunction banning any direct or indirect discussion regarding "Aisha" Documentary

The Criminal Court has issued a nationwide injunction prohibiting any discussion, whether direct or indirect, regarding the documentary "Aisha" produced by Adhadhu news.

The Criminal Court order, which prohibits specific actions during an ongoing trial, noted that the Prosecutor General’s Office had submitted a formal request seeking an injunction to prevent certain conduct while the case proceeds. According to the order, the prosecution justified its request by citing legal precedents from two previous cases before the Supreme Court of the Maldives, where similar orders were issued, and requested the court to take those rulings into consideration.

Slander is considered a major sin in Islamic Sharia, strictly prohibited and punishable by severe penalties. The order states that the stringency of this prohibition in Islam is intended to safeguard the reputation and personal dignity of individuals.

Furthermore, even in instances where an individual is accused and charged with a criminal offense, the Constitution guarantees specific rights to both the defendant and the victim. In this regard, Article 33 of the Constitution of the Republic of Maldives ensures that every individual has the right to the protection of their name and reputation. Additionally, Article 51(h) of the Constitution stipulates that no person shall be legally presumed guilty of an offense unless a court of law finds them guilty beyond a reasonable doubt.

The court order stated that even while a case is in the trial stage, the rights of both the defendant and the victim must be balanced and treated equitably. It further noted that failure to do so could lead to irreparable harm. The order also emphasized that before the court reaches a final verdict on the merits of a case, the judiciary is mandated to uphold the principles of the Constitution, the law, and the rights and freedoms of all individuals, ensuring that the fundamental rights enshrined in the Constitution remain unaffected.

The court order noted that while criminal proceedings are generally open to the public, Article 42(c) of the Constitution of the Republic of Maldives provides specific exceptions to this rule. Accordingly, the order stated that hearings involving sexual offenses and similar cases of moral turpitude are typically conducted behind closed doors. This measure is taken to uphold the moral standards of society. The order further clarified that the objective of this procedure is to protect the rights of the defendant as well as the interests and privacy of the victim.

In light of these circumstances, the court has issued an injunction prohibiting the circulation of the documentary titled "Aisha" until a final verdict is reached. Furthermore, the order restrains all parties from discussing the contents of the documentary, whether directly or indirectly, and strictly prohibits making any statements regarding the litigants or the victim in connection with the documentary currently before the court.

The court order further noted that such cases may be conducted in closed proceedings to protect public morality, as stipulated under Article 42(c)(1) of the Constitution. Consequently, the court ordered a prohibition on the dissemination of any documents or information related to the trial, warning that any such action would be considered an act of contempt of court.