Home Minister asks court to annul clause under which he is indicted

Minister of Home Affairs Umar Naseer’s lawyers have asked the Criminal Court today to annul the clause under which he has been indicted for disobeying State orders.

During the first hearing on 27 April, Umar Naseer pled not guilty to charges of disobeying State orders for calling on volunteers to storm the walls of the military headquarters, during a protest against former president Mohamed Nasheed’s government in January 2012.

The Home Minister’s lawyer Adam Asif told in court today that the clause under which the Umar Naseer has been indicted - Article 88 (a) of the Penal Code, with reference to Article 8 (ii) of Act Number 4/68 (General Laws) - contradicts Article 27 of the Constitution, which grants freedom of expression.

Article 8 (ii) of General Laws prohibits remarks that might upset the peace and order of the community. Article 88 (a) deals with the breach of duty or lawfulness, or disobeying orders of the State.

Article 27 of the Constitution states that, “everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.”

Criminal Court concluded today's hearing by allowing time for the prosecution to prepare a response to the defendant’s claims.

In its indictment, the State has said that Umar Naseer, during a protest near the Maldives Monetary Authority (MMA) building in Male' on 23 January 2012, called for 2000 volunteers willing to follow his instructions and use 50, 12-foot ladders to storm the walls of the country’s main military headquarters.