The court order called upon the Maldives National Defense Force for the immediate release of Criminal Court’s Chief Judge Abdullah Mohamed as he was arrested not in conformity with the laws and regulations, and the acts of MNDF was outside its mandatory power.
Court Order
Court Order of the Supreme Court of the Maldives
Whereas, Section 9 of the Law Number 13/2010 (Judges Act of the Maldives) clearly states that a judge cannot be held accountable to any person(s) or body for an opinion expressed, an order issued, or a judgment delivered in performance of his/her responsibilities and duties as a judge, except in accordance with the principles established for appealing decisions of courts, or except in accordance with the principles stipulated in the Constitution and the law for taking disciplinary measures against judges; and
Whereas, Section 12 of the said Act clearly states that, except in cases where he/she is seen committing a crime, a judge can be arrested and/or detained on suspicion or in relation to a criminal activity only after a higher Court authorizes by order such an arrest, and that such an order could only be granted by the Court when the Prosecutor General files a request for such order upon consideration of a request from the legal authority investigating the matter; and
Whereas the arrest of Al-Ustadh Abdullah Muhammad, Chief Judge of the Criminal Court by the Maldives National Defence Force on the night of 16th January 2012, was not in conformity with the above mentioned legal procedures, and outside the scope of its legal responsibilities, this Court hereby orders the Maldives National Defence Force to immediately release Al-Ustadh Abdullah Muhammad, Chief Judge of the Criminal Cour