An appeal has been filed with the High Court seeking to overturn the Criminal Court’s verdict jailing Adhadhu journalists Leevan Ali Naseer and Mohamed Shahzan.
The appeal contends that the Criminal Court’s decision was made in clear violation of the Constitution and the Criminal Procedure Act.
Among the grounds for appeal is the assertion that the case was conducted in breach of the 4th Amendment to the Judicature Act, which prohibits courts from initiating proceedings on their own motion. The appeal highlights that Section 71-1 of the Judicature Act restricts the court's power to initiate such cases. It further argues that the Criminal Court relied on regulatory powers rather than statutory authority, rendering the procedure unlawful.
Furthermore, the appellants claim that the sentence was passed without an adequate assessment of evidence, in violation of Section 15 of the Penal Code, Section 212 of the Criminal Procedure Act, and Section 139 of the Evidence Act.
The appeal also emphasizes that Leevan and Shahzan were denied the right to legal counsel guaranteed under Article 53 of the Constitution. It states that providing only a two-hour window to appoint a lawyer before proceeding with the trial falls short of the 10-day period prescribed in the Criminal Procedure Act, thereby depriving them of a fundamental right.
Additionally, the appeal notes that while the sentence was issued under Section 533 of the Penal Code, the defendants were never formally charged under that section nor given the opportunity to present a defense. The filing describes the court’s actions—independently investigating, prosecuting, and sentencing—as operating outside the established justice system, noting that the power to investigate criminal allegations lies with the Police and the power to prosecute lies with the Prosecutor General.
