High Court accepts Fiyaz appeal against Criminal Court gag order
The High Court Registrar had earlier declined to accept the MJA appeal on the basis that the association was not a party to the original criminal proceedings.
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The High Court on Tuesday accepted an appeal challenging a ‘gag order’ issued by the Criminal Court restricting discussion of a documentary published by Adhadhu involving allegations against President Mohamed Muizzu.
The Criminal Court issued the order following a request by the Prosecutor General’s Office after defamation charges were filed against Adhadhu CEO Hussain Fiyaz Moosa and Managing Editor Hassan Mohamed.
Following the order:
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The Maldives Journalists Association filed an appeal at the High Court
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Fiyaz also filed a separate appeal on Tuesday
The High Court Registrar had earlier declined to accept the MJA appeal on the basis that the association was not a party to the original criminal proceedings.
According to a document signed by the Registrar, the court informed Fiyaz that the case had been accepted and would proceed once the registration fee is paid within 24 hours.
The appeal argues that the order violates constitutional protections relating to freedom of expression and the public’s right to information.
It also contends that the Criminal Court exceeded the scope of two Supreme Court rulings cited in support of the order.
According to the appeal:
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The Supreme Court rulings were intended to protect the right of a defendant to be presumed innocent until proven guilty
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The Criminal Court order broadly prohibits circulation of the documentary and any direct or indirect discussion of the case
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Neither Fiyaz nor Hassan requested restrictions to protect their right to the presumption of innocence
While the High Court accepted Fiyaz’s appeal, the MJA said it would seek a bench review of the Registrar’s decision rejecting its filing.
Two journalists have already been detained for allegedly violating the order.
They are:
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Mohamed Shahuzan, who was found to have breached the order after questioning President Muizzu during a press conference
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Leevan Ali Nasir, who was found in violation for reporting on the issuance of the order itself
In addition to the charges against Fiyaz and Hassan, former President’s Office employee Aishath Eesha Ashraf has also been questioned by police in connection with the case.
Although police have accused her of defamation, no charges have been filed against her to date.
The passports of all three individuals remain confiscated.
