Criminal offencescommitted in the guise of freedom of expression can be investigated: Supreme Court

Supreme Court has passed a ruling which empowers the Police to investigate criminal offences committed in the guise of the freedom of expression.

The ruling comes after deliberations on a matter of constitutional inconsistency which was brought before the court by the Attorney General’s Office. The case pledges the Supreme Court to declare that;large gatherings near people’s homes for political purposes, to demand people be killed or hanged, are criminal offences that are infringements of fundamental rights enshrined in the constitution.

The Supreme Court stated that the fundamental rights and freedoms enshrined in the constitution shall only be granted within the “clearly defined” limits of articles 16 and 67 of the constitution.

The ruling stated that the right to freedom of expression granted in article 27, the right to form political parties, associations and societies granted in article 30, and the freedom of assembly granted in article 32 can only be practiced to the extent that it does not exceed the boundaries of articles 16 and 67. It states that any actions falling outside these boundaries are against the law.

The ruling also said that any actions committed against the safeguards set to maintain the beliefs of societal norms are criminalized in all judicial systems and that such actions are criminalized in the Maldivian judicial system as well.

The ruling said that investigating and maintaining law and order in accordance with the criminal procedures of the country and making all necessary effort in this regard are fundamental responsibilities of the respective Police and the Military division over which the legal responsibility is bestowed. The motion was voted 6 in favour and 1 against by the 7 member Supreme Court bench.