The Maldives Journalists Association has filed a petition seeking a review of the High Court’s decision to dismiss its appeal against the Criminal Court gag order tied to the Adhadhu documentary, arguing the order affects all journalists and that the association has a constitutional right to challenge it.
The High Court dismissed the MJA’s appeal earlier this week. The judgment, signed by High Court Registrar Maryam Hurshida, ruled the case inadmissible on the grounds that the MJA was not a party to the original case. The charges in that case were filed against Adhadhu CEO Hussain Fiyaz Moosa and editor Hassan Mohamed, and the registrar said the association therefore had no standing to appeal.
The MJA pushed back in its review petition. The association argued that the gag order does not apply only to the accused. It applies to everyone. The two journalists who were jailed for violating the order were not the defendants in the original case either, which the MJA said demonstrates that the order’s reach extends well beyond the named parties. The association also noted that it exists specifically to protect the rights of journalists and that Article 56 of the Constitution guarantees any party affected by a court decision the right to appeal.
The MJA asked the High Court to quash the registrar’s decision and accept the appeal.
The gag order prohibits any reporting on or reference to the Adhadhu documentary, directly or indirectly. Two journalists have already been jailed for violating it. The Criminal Court issued the order after prosecutors filed charges against Adhadhu’s CEO and editor. The MJA has argued the order fails constitutional and international standards on legality, necessity and proportionality.
The review petition keeps the legal challenge alive for now. Whether the High Court accepts it will determine if the gag order faces any judicial scrutiny beyond the Criminal Court that issued it.