The high court on Tuesday halted the enforcement of a civil court judgment that overturned the dismissal of five senior police officers as recommended by the police board.
The officers who challenged their dismissal were assistant commissioners Ahmed Mohamed and Mohamed Jamsheed, superintendents Mohamed Dawood and Ismail Shameem, and chief superintendent Abdulla Shareef.
The state appealed the civil court judgment in favour of the officers at the high court. The state asked for an order to halt enforcement until the high court rules on the appeal.
The stay order was granted unanimously by a three-judge high court panel. Judge Hassan Afeef is presiding over the case with judges Mohamed Saleem and Hussain Shaheed.
Civil court judgment
The judgment by civil court judge Ali Abdulla noted that according to the law, a senior officer could only be dismissed if there was sufficient evidence to prove an allegation. But the police board did not make such a decision, he said.
While the new police law states that the allegation against officers above the rank of superintendent as well as their educational qualifications must be considered, the provision does not authorize their dismissal, the judgement noted.
The civil court ruled that sacking the officers to implement the recommendations of the police board was therefore illegal.
The board also decided to dismiss two other officers, assistant commissioner Farhad Fikry and chief superintendent Ahmed Shuhad. The decision to fire them was also made in line with the same principles and procedures followed with the other officers.
The allegations against the officers
The allegations against the officers that the police board decided to dismiss have not been officially disclosed. But Adhadhu has confirmed the allegations.
Assistant commissioners Ahmed Mohamed and Mohamed Jamsheed were dismissed because the Anti-Corruption Commission was investigating alleged abuse of authority for undue gain in the repair of police speedboats overseas.
Chief Superintendent Ahmed Shuhad and Superintendent Ismail Shameem were dismissed because the National Integrity Commission (NIC) and the presidential asset recovery commission were investigating allegations that they received funds stolen in the Maldives Marketing and Public Relations Corporation (MMPRC) corruption scandal.
Assistant Commissioner Farhad Fikry was accused of destroying evidence in a serious case that was under investigation. His dismissal was related to deleting photos from a phone seized for a police investigation.
The alleged incident occurred before the current police commissioner Mohamed Hameed assumed office. While the prosecutor general's office had asked for action against Farhad, the only decision taken was to counsel him. But the newly-constituted police board unravelled the case and decided to dismiss him.
Chief Superintendent Abdulla Shareef was accused of releasing a suspect at the behest of a politician. The case is under investigation by the NIC.
