Gag Order Can Be Appealed by the MJA Says High Court

The High Court has ruled that the gag order issued by the Criminal Court prohibiting the publication of a documentary produced by Adhadhu can be appealed by the Maldives Journalists Association (MJA).

The case was initially submitted to the High Court by the MJA. However, the court’s Registrar rejected the appeal, ruling that the association was not a party to the original case and therefore did not have the legal standing to challenge the order.

Following a review of that decision, the High Court’s panel of judges concluded that the Registrar’s ruling was incorrect.

In its decision, the High Court noted that the Criminal Court’s gag order was not an order issued under the Criminal Procedure Act. The judges also observed that it was not an order made after hearing arguments from both sides in court based on a formal application.

The High Court further held that, because the Criminal Court’s order prohibited anyone from discussing the matter, it directly affected the rights of journalists. As a result, the MJA has a legitimate interest in the case and is entitled to appeal the order.

The gag order was issued at the request of the Prosecutor General’s Office after criminal charges were filed against Adhadhu CEO Fiyaz and Managing Editor Hassan Mohamed.

Earlier, two Adhadhu journalists, Mohamed Shahuzan and Livan Ali Nasir, were jailed for allegedly violating the gag order. They have since been released after completing their sentences.

In addition to the senior Adhadhu officials, police have also filed allegations against former President’s Office employee Isha Ashraf in connection with the case. The passports of all three individuals remain confiscated.