High Court overturns order cancelling Zaki’s passport
In 2020, the Civil Court ordered the Maldives Immigration to cancel Zaki’s passport in connection with the enforcement of an unsecured debt.
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High Court on Tuesday overturned a Civil Court order issued five years ago that had cancelled the passport of Ibrahim Hussain Zaki, former special envoy to President Mohamed Nasheed.
In 2020, the Civil Court ordered the Maldives Immigration to cancel Zaki’s passport in connection with the enforcement of an unsecured debt. Following the ruling:
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The state appealed the decision to the High Court, which ruled in 2022 that the state had no standing to appeal.
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The prosecution then took the case to the Supreme Court, which directed the High Court to hear the matter.
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The prosecution argued that the court does not have the authority to cancel passports, even though regulations allow the withholding of passports of company directors for non-payment of debts.
In its ruling, the High Court stated:
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The rules of procedure in transactions of unsecured debt refer to the seizure of passports of directors for enforcement of judgments but do not authorise passport cancellation.
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Interpreting the regulation to allow passport cancellation exceeds the legal authority granted by the provision.
The decision was made unanimously by a three-judge bench comprising:
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Mohamed Shaniz Abdulla (Chair)
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Hassan Shafiu
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Dheebanaz Fahmy
