Subscription Form

The Bar Council has decided to intervene in a High Court appeal challenging a Criminal Court gag order that prohibits public discussion of a video documentary at the centre of an ongoing criminal case.

In a statement issued on Sunday, the Bar Council said its decision to intervene forms part of its continued efforts to uphold due process, freedom of expression, press freedom and the public's right to information.

The appeal was initially filed by the Maldives Journalists Association (MJA). However, the High Court Registrar rejected the application, stating that only a party directly connected to the underlying criminal case could file the appeal.

Following the rejection, the appeal was submitted by the Chief Executive Officer of the Adhahdu news outlet that produced the documentary, Hussain Fiyaz Moosa, who is also one of the defendants in the case.

Criminal charges have been filed against Fiyaz and the outlet's editor, Hassan Mohamed, in connection with the documentary. During the proceedings, the Criminal Court issued a blanket gag order prohibiting the public and media from discussing matters related to the documentary.

The case also resulted in the imprisonment of two journalists from the news organisation after the Criminal Court found them in contempt of court for allegedly violating the gag order.

The Bar Council had previously expressed concern

that recent developments were narrowing constitutional protections, including freedom of expression, press freedom, due process and access to justice.

Among the issues highlighted by the Council were the imprisonment of journalists for contempt of court, the issuance of broad gag orders restricting public discussion of ongoing cases, limitations on the right to legal representation and restrictions affecting the principle of open court proceedings.

The Bar Council stressed that all actions taken by state institutions must be consistent with the Constitution and due process, and should not undermine the fundamental rights and freedoms guaranteed to all citizens.

The High Court has not yet announced when it will hear the appeal.