High Court has nullified Criminal Court warrant to remove the "India Out" banner on the residence of former President Abdullah Yameen.
Presiding Judge Hassan Shafeeu decreed that when a warrant is sought out for any issue, there are certain guidelines that need to be followed. As such, these guidelines are there to protect citizens and safeguard their rights. A warrant cannot supersede or diminish an individual's basic human rights, Judge Shafeeu argued.
He further said a warrant request cannot be just seen as a mere formality and a warrant cannot infringe or restrict constitutionally granted rights. The warrant, he said, had all the hallmarks of a warrant that restricted such rights.
Judge Shafeeu further argued that when a Judge signs off on the warrant, he must specify on what grounds the warrant was granted under. High Court, he added, would ascertain whether these grounds were legally acceptable or not.
President Yameen's lawyers stressed that while the warrant said there was significant evidence to grant the warrant, there was no backing on how the evidence was reached to. Moreover, they add that due to the wording on the warrant, it was difficult to figure out how the Judge reached to the conclusion.
Judge Shafeeu concurred - he referred to Supreme Court rulings on similar cases. He said that Supreme Court ruling was very clear that rulings must be backed by legal grounds.
In his ruling, Judge Shafeeu said the Criminal Court ruling had not specified the grounds for which the warrant was obtained and therefore, was nullified. The verdict was agreed on by Judges Mohamed Niyaz and Hussain Shaheed.