SC rules dismissal of ex-police officer Aishath Rasheed unlawful

The Supreme Court has ruled that former Assistant Director of Police Aishath Rasheed was wrongfully dismissed from her position in 2017 for participating in a rally marking the disappearance of journalist Ahmed Rilwan.

Aishath, who is the aunt of murdered blogger Yameen Rasheed, attended the rally held in Malé on 7 August 2017 to mark the third anniversary of Rilwan’s abduction. Rilwan was abducted in August 2014, and Yameen was killed in April 2017.

Aishath was dismissed from the police service on 17 August 2017 during the administration of former President Abdulla Yameen. She later filed a civil case, claiming the decision was unlawful and seeking MVR 400,000 in compensation.

The Civil Court ruled that the dismissal was lawful. However, in February 2024, the High Court overturned the verdict, declaring the dismissal unlawful and ordering her reinstatement along with six months’ salary. The state appealed the decision to the Supreme Court in March 2024.

More than eight years after her dismissal, a three-judge bench of the Supreme Court on Thursday upheld the High Court’s finding that Aishath Rasheed was wrongfully dismissed but overturned the order for reinstatement.

The bench, led by Justice Dr Mohamed Ibrahim, ruled that the High Court had exceeded its jurisdiction by ordering reinstatement, as Aishath had not requested it in her original claim before the Civil Court. Justice Ibrahim cited Article 39 of the Civil Procedure Code, which prohibits courts from granting remedies not sought by the claimant.

He concluded that while the dismissal violated regulations, reinstatement was not applicable. Instead, Aishath was entitled to one year’s salary and allowances as compensation. The court ordered the Maldives Police Service to make the payment within two weeks.

The decision was supported by Justices Aisha Shujoon Mohamed and Abdulla Hameed.

The original High Court panel, which ruled in favour of Aishath earlier this year, was chaired by then-Chief Justice of the High Court and current Supreme Court Justice Hussain Shaheed, along with Judges Mohamed Niyaz and Dheebanaz Fahmy.

One of the High Court’s key findings was that the disciplinary action taken against Aishath failed to establish a clear link between the alleged offence and the cited regulation. The court noted that while the action referenced internal police regulations, the allegation concerned participation in a rally under the Freedom of Peaceful Assembly Act.