High Court Judge Mohamed Faisal has said that the Prosecutor General does not 'hold a license to give up the judges to mob justice' in relation to decisions reached and actions taken in trials.
High Court Judge Mohamed Faisal has said that the Prosecutor General (PG) does not 'hold a license to give up the judges to mob justice' in relation to decisions reached and actions taken in trial.
Judge Faisal made this response in relation to PG Office stating to media its intention to submit to the Judicial Service Commission (JSC) the issue of High Court failing to act in accordance with a Supreme Court order in the remand of Ibrahim Sammah, Alif Dhaalu Atoll Maamigili, Shady Grove, who is being charged in a murder case.
When the Criminal Court acquited Sammah, the State appealed the case at the High Court. The State requested an order to hold Sammah in custody until the end of the trial, which the High Court refused to issue.
This decision of the High Court was then appealed at the Supreme Court. The Supreme Court subsequently ruled on May 9 that the High Court's decision to not hold Sammah in remand in custody is wrongful, and ordered the High Court to reconsider and reach a decision on the matter again within a period of seven days. However, the High Court did not hold a hearing within these seven days, after which Sammah had to be released.
In a hearing held at the High Court yesterday to decide on the remand, Judge Mohamed Faisal said that if there is dissatisfaction or concerns regarding a ruling or action by a judge, then he has no objections against such a matter being submitted to the JSC as is granted by law.
However, he said, presenting Judges to be met with mob justice or metaphorical lynching is not a license that the PG holds.
"That we are considering submitting complaints about judges in an ongoing case. That we call on the Supreme Court to take action against High Court judges. Talk of this nature coming from State Prosecutors is highly irresponsible. It is unacceptable for us to see these things in the news," he said.
"The court will also take necessary action against every action done to influence an ongoing case. I do not care whether you interpret this as advice or a warning," Judge Faisal stated.
Judge Fathimath Faruhiza, also on the bench, clarified the matter.
She stated that the Supreme Court order received by the High Court said to keep Sammah in custody until the High Court reached a decision, and that it did not specify a period of seven days.
Hence, the Judge questioned the PG Office why Sammah was released against this order.
In response, Prosecutor Ahmed Naushad said that the order received by the Correctional Service specified a period of seven days of detention.
The Judge then questioned why there would be contradictions or a difference in orders released under the same number by the Supreme Court.
Naushad responded that he did not know an answer to that particular question.
"Seven days were not specified in the order you sent to this Court," the Judge reiterated.
However, Naushad said that the State maintains that referring to another paragraph in the Supreme Court ruling makes it clear Sammah was placed in custody for seven days, and that it could only be extended after the High Court makes a ruling.
The Judge then said that the same ruling of the Supreme Court having been received in a different manner by the High Court and the Corrections Service has now raised questions about the documentation used in the judicial services.
Judge Faruhiza said that a decision on Sammah's remand had not been reached in seven days as the Judges were on leave, and that she had cut her leave short and returned to attend the hearing. She added that Judge Maniu, too, had decided to attend via an online platform. However, Judge Faisal had been abroad for medical treatment and had informed that he could not attend, proposing a change in the judges' bench.
The Chief Judge of the court had decided not to change the bench based on the situation of the court at the time, Judge Faruhiza explained.
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