Irfan Thagiyyu's appeal dismissal voided

The High Court judges bench has ruled that the Assistant Registrar of the High Court's decision to not accept appeal in Irfan Thagiyyu's case citing the failure of registration fee payment was wrong.

Assistant Registrar of the High Court Mariyam Hoorsheedha did not accept the Prosecutor General (PG) officfe's appeal of Criminal Court's sentence that Thagiyyu was not guilty of the crime due to the registration fee not being paid.

However, as the fee was not paid during the allotted time, it was decided that the case would not be accepted under the Judicature Act, Article 33 (c), as was referenced and concluded by the registrar.

The Prosecutor General's (PG) office said that they had not received the High Court's email.

The PG office said that they had not received any emails regarding the drug case sent by the High Court on the initial day the first email was sent and the day after.

The PG Office submitted an appeal to the High Court judges bench, with the bench ruling to void the registrar's decision and for the case registration to be conducted once again.

As per the ruling of the judges bench, since the PG office had submitted an official email to the High Court regarding their appeal, that is the only email address where notices can be sent, through the lens of the law.

However, the notice was not sent to that email address.

And so, on the basis of the court sending a notice to pay the registration fee to an email address that was not provided to the court, it was concluded that the dismissal of the failure of fee payment was not built on a foundation of procedural error.

"The procedure surrounding the submission of cases and registration fee payments are put into a specific order to facilitate justice and fairness. It is not to prevent nor to create a barrier to justice and fairness. Establishing fairness should be the top priority," as was said by the judges bench.

Thagiyyu, Dheyliaage, S. Hulhudhoo, is accused of being the leader of the group who were intercepted while attempting to smuggle in 72 kg of drugs on a vessel named 'Masjaree-2' in December 2020. Thagiyyu is charged with trafficking diamorphine. The two others charged alongside him are Mohamed Akram, H. Garden Beauty and Ahmed Naseer, Ambugasdhoshuge, Dh. Maaenbudhu.

The cases of the other two individuals have also been appealed at the High Court, with the judges bench for their cases having been decided as well.

In January, the Criminal Court acquitted the three, ruling that it is not proven beyond a doubt that the drugs were smuggled on the boat.

The state withdrew charges against seven additional suspects. The Prosecutor General's Office stated that this was because, in light of superior court rulings, there is insufficient evidence to convict the seven.