SC overturns release of accused in Nadeem murder
Mafaz was charged with murder with a sharp object while the other four were charged with participating in intentional homicide.
By
Fathmath Ahmed Shareef
The Supreme Court on Thursday ordered overturned a High Court order releasing the accused in the stabbing death of Nadeem Abdul Raheem on appeal, and asked the High Court to review their remand.
The Supreme Court on Thursday ruled that the High Court had not fully examined the factors to be considered in deciding whether the accused posed no danger to society as they were accused of murder and some of them were already involved in crime.
The other two judges on the bench, Mahaz Ali Zahir and Dr Azmiralda Zahir also supported the lead judge Hunu Alh Suood’s opinion.
Husnu Al Suood's opinion said:
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The argument that there is no rule to decide on detention pending appeal in criminal cases is not correct
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It is not constitutionally permissible to not issue detention orders on the ground that there is no procedure to enforce it while there is a provision in law for detention
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The High Court order did not specify what legal procedure would prevent the execution of the prosecution’s request to detain the accused at the appeal stage and the High Court orders it
“With quashing the High Court order [not to be remanded in custody], the judges who heard the case unanimously orders the four accused to be re-assess their circumstances and re-decide on their remand,” the Supreme Court said in its judgment
In July 2017, Nadeem was killed when two masked men on motorcycles entered the Terminal Cafe, Male and stabbed him in the head.
The prosecuted in this case are:
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Mohammed Mafaz Hussain Saleem, G. Sharaz/Male
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Ali Nifaz, Vidhaathari/L. Gan
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Hussain Shamin, Samantha/R. Innamadhoo
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Mohammed Karam Suhail, Hawas/G. Gemanafushi
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A child (his case is pending in juvenile court)
Mafaz was charged with murder with a sharp object while the others were charged with participating in intentional homicide. They were all acquitted on 14 November 2022 after the charges were not proved.
The prosecution appealed the decision in the High Court. Mafaz, who was acquitted, was arrested in June last year while carrying a street knife in a fight in the city. He has been arrested and released twice before. He is currently in custody pending trial.
The state had moved the High Court seeking an interim injunction to detain the four now-released accused after the police had on July 13 requested the PG office to arrest Mafaz three times and file a chargesheet in two of them.
On the interim order, the court ruled on 20th last month that although the accused were remanded in custody pending trial at the appeal stage, the order could not be issued as there was no procedure for enforcement of the order.
