The High Court has accepted an appeal filed by Adhadhu CEO Hussein Fiyaz Moosa, challenging a Criminal Court order that banned the circulation of the "Aisha" documentary and prohibited the public from discussing its contents.
The order, issued by Criminal Court Judge Muzammil Nasir, is directed at Fiyaz, Adhadhu Editor Hassan Mohamed, and the Prosecutor General’s (PG) Office. The gag order was issued in connection with ongoing criminal proceedings against Fiyaz and Hassan, who have been charged with Qazf (an Islamic criminal charge of false accusation of adultery or fornication) under Section 612 of the Penal Code.
The Maldives Journalists Association (MJA) was the first to appeal the order at the High Court. However, the High Court Registrar rejected the filing on the grounds that the MJA was not a direct party to the case.
Fiyaz filed his appeal on the same day the MJA's case was rejected. Meanwhile, the MJA has also petitioned the High Court's bench of judges to overturn the Registrar's decision.
The Criminal Court’s gag order prohibits any discussion involving the parties to the case or the alleged victim. Citing the importance of maintaining public morality, the court also ruled that the trial would be conducted behind closed doors. The order further stipulates that disseminating any documents or information related to the case in any form would constitute a violation of the court order.
The court's decision has drawn public criticism, with legal experts questioning the order's validity. Legal professionals have noted that extending such a ban to the general public, beyond the parties involved in the litigation, conflicts with the right to freedom of expression guaranteed by the Constitution.
