Criminal Court rejects habeas corpus motion filed by defense over SC ruling
Rejected as it may hamper implementing SC ruling
Members of the opposition movement gathered near MDP haruge following Supreme Court ruling
Criminal Court had rejected the habeas corpus motion filed by defense lawyers to uphold the Supreme Court ruling to free nine political arrestees.
The ruling issued by Supreme Court stated that former President Maumoon Abdul Gayoom, Jumhooree Party leader Qasim Ibrahim, former defense Minister Mohamed Nazim, Adhaalath Party leader Sheikh Imran Abdullah, former Vice President Ahmed Adeeb, Muhthaaz Muhsin, Dhiggaru Constituency MP Ahmed Faris Maumoon, Judge Ahmed Nihan and businessman Hamid Ismail must be released.
The lawyers filed the habeas corpus motion in Criminal Court, citing that President Abdullah Yameen and his administration were deliberately delaying implementing the ruling.
Habeas corpus is a law that states that a person cannot be kept in prison unless they have first been brought before a court of law, which decides whether it is legal for them to be kept in prison.
Court Registrar Mohamed Ibrahim said that habeas corpus motion cannot be accepted as the apex court of the nation had delivered a decision on the case, which was to free the jailed individuals.
Therefore, accepting that said motion was a violation of the order and procedures of the court and judicial justice system.
It added that as Supreme Court was the final authority on establishing justice in the country, as per clauses 141 and 145 of the Constitution, and opening debate on a case where Supreme Court had delivered a verdict, was not within the jurisdiction applicable to a lower court. It further added that if the Criminal Court began reviewing the case, it may further impede on implementing the apex court’s ruling.
