High Court has criticized the state after it attempted to rescind a convicted case of drug trafficking citing it was in the best interest of everyone involved.
The suspected drug trafficker was acquitted from lower court on lack of conviction, after which the case was appealed to the first appellate court by the government. The suspect was convicted of his charges at the High Court last week.
With sentence hearing tabled in the case on Monday, October 23, state sent a letter to the court informing its decision to rescind the case citing there was no "general stake" in proceeding ahead with the case.
High Court viewed state's abrupt stance shift unreasonable and said the request to rescind the case of a grievous offense convict was act of forsaking the law.
"The cited general interest by the state, which the court fails to fathom in this context, due to which they seek an intervention on delivering the sentence would infringe the fundamental rights and interest of the society. To establish rule of law, exercising punitive measures on serious offenses is necessary. Lack of delivering just sentence is equivalent to forsaking the law," the High Court order approved unanimously by the three-judge-bench read.
Despite the state's appeal to rescind the case, High Court held such a demand or request cannot be made.
The convict was sentenced to life imprisonment with a fine of MVR 100,000. After deducting the suspect's remand period, the convict is required to serve jail time for 21 years.
The judges' bench presiding the case included Justices Huzaifa Mohamed, Ahmed Shakeel and Hussain Shaheed with Justice Huzaifa presiding as the bench's chair.
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