HC denies Yameen's jail sentence stay; orders fine delay
At the appeal hearing on Thursday, he said he did not want to talk about politics anymore and had given up the opportunity.
Top Stories
By
Fathmath Ahmed Shareef
High Court on Sunday ruled that there is no place to issue an order to stay the 11-year jail sentence handed to former President Abdulla Yameen in the MMPRC corruption scandal, but issued an order to stay the payment of the USD 5 million fine imposed in connection with the verdict.
On December 25, the Criminal Court convicted Yameen of accepting a bribe and money laundering over the lease of V. Aarah through MMPRC, and sentenced him to 11 years in prison along with a fine of USD 5 million.
Yameen appealed the verdict on February 23. The appeal hearings resumed on Thursday after a long break due to the leave absence of judges.
-
Thursday’s hearing was about Yameen's request to stay the sentence
-
Concluding the hearing, Justice Mohammed Saleem of the three-judge bench said the bench's decision will be issued in writing on Sunday
The three-judge bench hearing the case issued an interim order on Sunday, saying there was no place to stay the execution of the jail sentence. The decision states:
-
The Criminal Procedure Code and the regulations made thereunder do not provide for a procedure for staying the execution of a judgment passed on a person by a lower court upon appeal in a higher court
-
Courts do not play a legislative role; it is a power of the parliament
-
To interpret what is not in the laws and regulations made by the parliament or by giving an interpretation that is not therein is an interference with the legislative powers vested with the parliament
However, the High Court ruled separately on the order to postpone the payment of the fine:
-
If an order is issued to pay the money before a decision is made on the appeal, the administration of justice may be obstructed
-
If any case has been filed in court to recover the money, the case has been ordered not to proceed
-
All government agencies have been asked to not make any efforts to recover the money
Yameen has lost his chance to contest the September 9 presidential election on behalf of the PPM-PNC due to his jail sentence and fine in the Aarah case. At the appeal hearing on Thursday, he said he did not want to talk about politics anymore and had given up the opportunity.
The deadline for the payment of the USD 5 million fine had expired in June. The Attorney General's (AG) office has filed a recovery suit in the Civil Court.
