The first hearing was held today in the case involving the police raid on the Adhadhu newsroom, during which all equipment used for journalism was seized.
Police entered the Adhadhu office with a court warrant on April 27, stating they were seeking evidence for an investigation into the "Aisha" documentary released on March 28. After nearly four hours on the premises, police confiscated 20 devices, including laptops, hard drives, and other electronic equipment.
Adhadhu filed the case in court, contending that the seizure of the equipment following the search was conducted outside the bounds of the law. Four legal points were highlighted in the submission.
It argued that conducting a search and seizing property are two distinct legal actions. It stated that under a search warrant, the only items that can be seized are those identifiable as evidence directly related to the alleged crime.
Furthermore, the submission noted that property whose connection to an alleged crime cannot be immediately determined during a search of private premises can only be seized if a seizure order is in place.
The filing also emphasized that under the law, property protected by legal privilege cannot be seized.
Additionally, the submission highlighted that journalistic sources are protected under the Constitution. It stated that Article 28 of the Constitution prohibits compelling anyone to reveal a source.
Adhadhu argued that the police raid and the seizure of equipment used by its journalists were carried out in violation of Section 36 of the Criminal Procedure Act.
The court will next deliver a verdict on the legality of the seizure of Adhadhu’s electronic equipment. A date for the sentencing hearing has not yet been scheduled.
About 10 officers participated in the raid on the newsroom, including an officer armed with a taser.
Two Adhadhu journalists were also jailed after being found in violation of an order prohibiting discussion of the "Aisha" documentary.
Adhadhu CEO Hussain Fiyaz Moosa and Editor Hassan Mohamed are currently facing trial in connection with the same case.
