Supreme Court has today ruled against nullifying charges against an individual where he is accused of planning to detonate an explosive in Jumhooree Party's main hub, Kunooz.
In July 2017, the State charged four individuals in relation to the case. However, due to various reasons, including change of presiding judges, the case remains pending at the Criminal Court.
Of the four charged, Iuthisam Mohamed Saeed, of Gamaree, GDh. Madaveli, submitted a pre-trial motion seeking to nullify the charges, stating that the prolonged delay in concluding the case due to State actions is depriving him of numerous rights.
The Criminal Court ruled that the charges cannot be voided. Iuthisam then raised the case at the High Court, which upheld the Criminal Court's ruling.
With this, Iuthisam appealed the case at the apex court, which ruled today not to void the charges, upholding the rulings of the High Court and the Criminal Court.
The Supreme Court's ruling states that trial delays were not solely due to State actions, noting repeated changes in the presiding judge and multiple hearing cancellations at the request of lawyers.
The Supreme Court said that if the defendant believes trial delays violated his fundamental rights, he may file a separate case. It added that this is not grounds to nullify the criminal charges.
The three-judge bench issued a unanimous ruling upholding the High Court's decision that the charges cannot be voided.
The case was heard by Supreme Court judges Aisha Shujune Mohamed, Ali Rasheed Hussain and Abdulla Hameed, with Judge Shujune presiding.
