MJA files for review after appeal against gag order was dismissed on grounds that the organization was not a party to original case
The High Court has dismissed the Maldives Journalists Association's (MJA) appeal against a gag order issued regarding an Adhadhu documentary, citing that the association was not a direct party to the original case. However, the MJA has requested a review of this decision under their constitutional right to appeal, arguing that the order applies broadly to the public and directly impacts press freedom, necessitating that the Registrar's decision be overturned and the case be formally accepted.
A photo taken from outside the High Court. | High Court
A request has been filed to review the High Court's decision to dismiss the appeal against a gag order issued regarding a documentary released by Adhadhu news.
The Maldives Journalist Association (MJA) appealed the order at the High Court. However, the High Court dismissed the case on Sunday.
In a decision signed and issued by High Court Registrar Maryam Hoorsheedha, the court stated that the Maldives Journalists Association’s (MJA) appeal could not be accepted as the organization is not a party to the case involving the gag order. The ruling noted that the charges in this matter were filed specifically against Hussain Fiyaz Moosa, the Editor-in-Chief and CEO of Adhadhu Online, and Editor Hassan Mohamed. The decision further highlighted that under Section 198(c) of the Criminal Procedure Act, the right to appeal is reserved exclusively for the parties directly involved in the legal proceedings.
The High Court’s dismissal of the case comes at a time when Adhadhu has requested the registration and expedited scheduling of two separate appeals. These involve a ruling that found the outlet's journalists in contempt of court, as well as a challenge against a gag order issued by the court regarding a documentary released by the news organization.
The Maldives Journalist Association (MJA) has submitted a request for a review of the High Court's decision to dismiss the case.
In its submission, the journalists' association argued that the court order applies to the general public, noting that those imprisoned for violating it were not even the defendants in the case. The association stated that this further demonstrates that the order is being enforced against individuals beyond the immediate parties involved.
Furthermore, the statement noted that the Maldives Journalists Association's (MJA) governing statutes clearly establish its role as an organization dedicated to advocating for the rights of journalists.
Furthermore, it was noted that Article 56 of the Constitution guarantees any party involved in a case the right to appeal a lower court's decision. Consequently, the MJA requested that the Registrar's decision be overturned and that the High Court accept the appeal of this order.
