The High Court ruled on Wednesday that Mohamed Yunan, arrested and detained for child sexual abuse allegations was released unlawfully.
Yunan and his wife Aminath Rihula were arrested and detained until their trials were over in 2020 for sexually abusing a minor. Two years later, Rihula was moved under house arrest. Last month, Hulhumale’ court released Yunan conditionally as well.
When the state appealed this case in the High Court, after reviewing the dangers he poses to the community, the court ruled he was released when the circumstances surrounding his arrest had not changed. They added that even though he was released conditionally, the conditions imposed on him does not guarantee he is not a danger to society.
Reviewing these circumstances, a bench of three judges ruled that Yunan was released unconstitutionally, and have overruled his release. They further ruled that if the state requests with the Hulhumale’ Court for Yunan to be detained, the lower court has to conclude this case within seven days.
The state had requested with the High Court to determine the matter of Yunan’s release within 24 hours, citing the Supreme Court’s direction. However, the High Court ruled such direction does not apply to Yunan’s case.
However, they ruled if the state does request for him to be detained, that this matter has to be concluded as soon as possible. The high court heard the case with Justice Hussain Majeed, Justice Dheebanaz Fahmy and Chief Justice Hussain Shaheed. The bench was headed by Justice Majeed.