High Court ruled today that the Criminal Court's five day detention order issued last month was unlawful and should be quashed. However, the court clarified that it could not rule on the compensation sought by Shadhiya at this stage.
High Court today ruled that although Aishath Shadhiya, who was arrested for protesting against Israel near embassies in Maldives, was detained wrongfully the second time, he request seeking compensation cannot be met during this stage.
Shadhiya and Dr Shazra Ibrahim were arrested twice last month for participating in these protests but are currently on conditional release following Criminal Court extending their remand on two occasions.
Last week, High Court ruled that Shadhiya's five day detention was unlawful.
High Court ruled today that the Criminal Court's five day detention order issued last month was unlawful and should be quashed. However, the court clarified that it could not rule on the compensation sought by Shadhiya at this stage, as her lawyer had requested.
The ruling explained that under the Criminal Procedure Act, compensation for unlawful detention must be pursued through a civil court with such jurisdiction. High Court stated that compensation could not be awarded during the stage where a decision on the remand is being taken, and the amount sought by Shadhiya could not be determined at this time.
The three judge bench, presided over by Justice Mohamed Saleem, including Justices Huzaifa Mohamed and Abdul Maaniu Hussain, ruled to quash the arrest warrant issued against Shadhiya but added that compensation could not be ordered at this stage.
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