High Court upholds order against releasing fire victim's phone records
The fire originated from a chemical storage facility located in H. Thilafushi on 21st September 2019
The fire originated from a chemical storage facility located in H. Thilafushi on 21st September 2019
High Court has upheld the lower court’s order against releasing mobile phone records of Aishath Shauna, who passed away in a fire in the capital in September 2019.
The fire, which originated from a chemical storage facility located in H. Thilafushi on 21st September 2019, ended with the destruction of total four chemical storage facilities and six residential buildings.
While Aishath Shauna was in her house when the fire erupted, she is the only victim of the tragic incident. Her body had been found with severe burns on 60 percent of her body. She is to have communicated with family members, following the fire.
Hence, police had requested her phone records including contacts, call, messages and cell locations, from the Communication Authority of Maldives (CAM).
Upholding the Criminal Court’s order, the High Court said that the lower court’s basis on not approving the request is valid. The court noted that Shauna is not a suspect in any case, and the case submitted does not entail such personal details.
Further noting that the phone was used for personal purposes, the court stressed that Article 24 of the Maldives Constitution states that “everyone has the right to respect for their private and family life, home and private communications. Every person must respect these rights with respect to others”.
Referring to the police’s request and statements to the court, the High Court said that this is not in accordance with surveil requests to be obtained under Article 74 of the Criminal Procedure Act.
Noting that the police has said that Shauna is not a suspect in the fire, the High Court ruled that there are no grounds to overturn the lower court’s order against releasing her phone records.
