Hulhumalé Magistrate Court has returned the case filed by the Prosecutor General’s (PG) Office against former President Mohamed Nasheed, former Defence Minister and three Maldives National Defence Force (MNDF) officers, in relation to the arrest and subsequent detention of Chief Judge of Criminal Court Abdullah Mohamed in K. Girifushi for 22 days.
An official of the Hulhumalé Magistrate Court said today that the Court has no jurisdiction over the case.
He added that the Court can only entertain the case if the Chief Justice issues a resolution authorizing the Court to do so, subsequent to approval and agreement by the Judicial Service Commission and Judicial Council for the same.
The allegations against former President Mohamed Nasheed, former Defence Minister Thalhath Ibrahim Kaleyfaan, former Chief of Defence Force Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi, and Colonel Mohamed Ziyad pertain to article 81 of the Penal Code.
The article reads, “It shall be an offence for any public servant by reason of the authority of office he is in to detain to arrest or detain in a manner contrary to Law innocent persons.
“Person guilty of this offence shall be subjected to exile or imprisonment for a period not exceeding 3 years or a fine not exceeding Mrf 2000.00.”