Judges conclude the gag order on Adhadhu content was issued outside the Criminal Procedure Act and without legal authority

The High Court has ruled that the Criminal Court’s gag order on content published by Adhadhu news was issued without reference to any provision of the Criminal Procedure Act.

High Court Chief Justice Abdullah Jameel Moosa delivered the opinion on Monday while reviewing the court’s earlier dismissal of an appeal filed by the Maldives Journalists Association (MJA) seeking to overturn the gag order. The High Court Registrar had initially rejected the appeal, stating that MJA did not have standing to challenge the order. The decision was made by Registrar Maryam Hoorshida.

Upon MJA’s request for review, a bench of High Court judges reconsidered the Registrar’s decision and found that the case had been wrongly dismissed. The bench, composed of Chief Justice Abdullah Jameel Moosa, Justice Deebanaz Fahumy and Justice Ibrahim Mahir, voted to admit the case. Justice Deebanaz dissented, while the other two judges ruled in favor of accepting the appeal.

In the opinion of the two judges who voted to admit the case, the gag order issued by the Criminal Court was not grounded in any provision of the Criminal Procedure Code and was not connected to a pre-trial motion. The order was issued by Criminal Court Judge Muzammil Nasir while Adhadhu CEO Hussain Fiyaz Moosa and Editor Hassan Mohamed were charged under Section 612 of the Penal Code.

The trial of the two journalists began behind closed doors at the Criminal Court on Sunday.

Following the gag order, the Election Commission (EC) also issued a notice to political parties instructing them not to publish or discuss any statements made in the documentary.

The documentary in question, titled 'Aisha', alleges an extramarital affair involving President Dr. Mohamed Muizzu and a staff member at the President’s Office, allegations the President denies.