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Minor accused of murder should not keep under house arrest: Supreme Court

Lamya Abdulla
17 March 2022, MVT 11:18
(FILE) Police on site of Hulhumale Phase 2 on June 22, 2021: in addition to the 17 year old, the state is pressing charges against another person as well over the murder of a 13 year old -- Photo: Ahmed Awshan Ilyas / Mihaaru
Lamya Abdulla
17 March 2022, MVT 11:18

Supreme Court ruled on Wednesday that the release of the 17 year old minor accused of kidnapping and murdering a 13 year old under house arrest was wrong.

The child was found murdered in a box on June 13 of 2021. Juvenile Court had ordered the accused minor to be placed under house arrest in November of the same year. High Court had supported that verdict as well.

When the state appealed this case in the Supreme Court, they said while the judge did have the power to order house arrest after considering the child's condition, it is not without limits. The place to detain the minor should only have been determined after considering all factors, they said.

Previously, High Court had ruled that it was advisable to keep the minor under house arrest as they were a student currently undergoing their education, and was cooperating with the Juvenile Justice Department. However, the Supreme Court said there was not enough for that verdict and had stated that Juvenile Justice Department had expressed concern over whether the child had learned the grave nature of the crime they had committed.

Supreme Court further said High Court had not done its due diligence before they made their verdict, and have voided their ruling. However since Juvenile Court had made further rulings regarding the house arrest once the initial time periods set were over, the Supreme Court was unable to void those rulings.

Judge Dr. Mohamed Ibrahim and Judge Ali Rasheed had been part of the bench with Judge Aisha Shujoon Mohamed in this case.

The state had been pressing charges in the Criminal Court against another individual in connection to this case as well.

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