High Court rules against review of detention for appellants awaiting trial
Since detainees under Article 199 of the Penal Code are detained at the appeal stage, they have the opportunity to apply for bail.
By
Fathmath Ahmed Shareef
The High Court has ruled that the remand of detainees cannot be reviewed pending trial in appeal cases.
The High Court's decision came following the review of the remand of Ali Nifaz on Tuesday, who was first acquitted of all charges in the July 2017 murder case of Nadeem Abdul Raheem, murdered inside the Terminal Cafe’, but later arrested on the appeal case.
The prosecution moved for a review of Nifaz's custody under Article 60(i) of the Penal Code. The article requires those detained under the article to apply for a review of their detention every 30 days.
The High Court ruled that Nifaz was remanded in custody under Article 199(b) of the Penal Code. This article does not provide for a review of the detention.
Since detainees under Article 199 of the Penal Code are detained at the appeal stage, they have the opportunity to apply for bail.
The High Court judgement states:
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If the High Court decides to keep him in custody under Section 199 of the Criminal Procedure Act, the procedure to be followed is stated
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If the accused is remanded in custody after the trial on appeal, the accused has the right to ask the judges to release him on bail under Part III of the Act
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The prosecution has filed a motion for review of the order in violation of the Penal Code
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Therefore, Nifaz's custody cannot be reviewed as requested by the prosecution
"The High Court has unanimously held that the court cannot review the custody of a person detained under Section 199 of the Penal Code," the High Court ruled.
Article 199 of the Penal Code referred to by the High Court regarding the case of Nifaz states:
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199 (a) The Prosecutor General shall have the right to appeal the judgement of the trial court that the accused is not guilty or that the accused should not bear criminal responsibility.
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199 (b) If the Prosecutor General finds that the accused should remain in custody until the completion of the appeal proceedings of the High Court, the Prosecutor General shall have the power to request the High Court to issue an order for his arrest.
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If the judges of the High Court decide to remand the accused in custody pending trial on appeal, the accused has the right to ask the judges to release him on bail in accordance with Part III of this Act.
