Opposition activist arrested wrongfully for violating curfew
Saeeda was arrested for the second time not from the protest but on the road where she had gone to the hospital on a motorcycle with her husband.
By
Mohamed Muzayyin Nazim
A female activist of the opposition coalition, who was released on conditional bail after being arrested last month during a PPM-PNC protest, was arrested for the second time in violation of the law, the Criminal Court ruled on Friday. The court also ordered that she be released from custody.
Mariyam Saeeda, 49, Lucky Lodge/S. Hithadhoo, was arrested in mid-April during a PPM protest. On April 14, the trial court released Mariyam Saeeda with conditions as there was no need to keep her in custody.
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The conditions given to her included not going out between 8 pm and 6 am
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It was for a period of two months
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Before the two month curfew’s end, Mariyam Saeeda was arrested again at 12 pm on Thursday night for violating the curfew imposed by the court
Party spokesperson Heena Waleed told Atoll Times on Saturday that Saeeda was arrested for the second time not from the protest but on the road where she had gone to the hospital on a motorcycle with her husband.
Saeeda's court order shows that for the second time, the police arrested her without a court order. Her lawyer told the court:
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Mariyam Saeeda was suffering from diabetes and went out at that time to go to the hospital, in an emergency; in such a situation, there was no condition for obtaining prior written permission.
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The arrest was made while Mariyam Saeeda was carrying a prescription and she had medicines on her and the police seized the medicines at that time.
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She is complying with the conditions laid down by the court; she has earlier approached the court for review of these conditions.
Judge Hussain Faiz Rashad questioned the police about Saeeda's arrest without a court order. In response, the investigating officer (IO) said he did not believe that there there should be a court order in this type of case. The IO also said that the arrested officers did not inform that Saeeda was in possession of medicines and a prescription at the time of her arrest.
The police had sought extension of her custody as she had violated the curfew imposed by the court.
It is clear that Saeeda was arrested for violating the curfew, but the judge ruled that she was wrongly arrested.
"If the police are demanding her re-arrest or detention, the trial court believes in the need to have a court order," Judge Faiz said in the order.
"The trial court believes that obtaining such a court order was possible in this case."
The court order further said:
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If a perpetrator is found to have violated a condition imposed by the court, it is also an option for the police to review the condition by approaching the court
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Whenever a person is accused of a criminal offence, it is not possible to curtail and lock them up.
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It is also clear from the earlier supreme court judgments that arresting should be an interim and final action taken in the event of no other option
