Hithadhoo magistrate under investigation for misconduct

Rafeeuddin Ahmed, a magistrate at the Hithadhoo Magistrate Court in Addu City, is under investigation by the Judicial Service Commission (JSC) for misconduct in connection to his decision to release a suspect who had been ordered to jail pending the outcome of trial, and a press statement he subsequently issued following criticism of his decision.

JSC announced on Thursday that a JSC committee found it likely Rafeeuddin’s actions violated the code of conduct for judges.

The case was submitted to JSC’s investigative committee on Wednesday.

Rafeeuddin had ordered the release of Rushan Ahmed Didi, Mandhoobuge, S. Hithadhoo, in February; challenging an order by the High Court to have been jailed pending the outcome of his drug trial.

The decision sparked questions over judicial hierarchy.

Prosecutor General Hussain Shameem expressed concern over the order, and said he intended to submit the issue to JSC.

Shameem tweeted that that a magistrate or a lower court did not have the authority to suspend an order issued by the High Court.

“If you want to release someone. You need to show a valid reason. Such decisions will be appealed with the High Court, and filed with JSC,” he said.

The Hithadhoo Magistrate Court issued a press statement in response to the tweet, stating that the tweet was inappropriate for a person holding the office of the Prosecutor General, and that it had led to misleading media reports.

The court said that, when it heard the case, had questioned whether it would issue an order which undermined the High Court, and had granted the opportunity for the state and the defense, including four prosecutors, to present their opinion.

The court said it ordered Rushan’s release three days later, after the prosecutors told the court that despite the High Court order, there was no obstacle to releasing him if a review found there to be probable cause.