HC to Accept Shamaan’s Appeal Against his First Bail Order

Judges of the High Court have overturned its registrar’s decision on 15-day remand of Mohamed Shamaan Waheed, who was sacked as Controller of Immigration on March 21 and arrested a day later.

Shamaan and other Immigration officials are accused of releasing a detained foreigner and taking MVR 530,000 from him as a bribe. Shamaan had contended that the investigation into the entire case was illegal and the action taken in connection with the investigation would be quashed. The High Court, however, ruled that no legal basis had been submitted to prove the claim.

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On March 27, the High Court registrar rejected Shamaan’s plea challenging the first detention order against him.

Taking note of the appeals filed by Shamaan, the Registrar concluded that there was no mention of a situation in which the appellate court was required to enter into the manner in which discretion was exercised by the trial court in issuing the order. Therefore, the case cannot be entertained.

Shamaan’s team appealed the registrar’s decision. A three-judge bench of the high court, which heard the case, ruled that the trial court’s first order to detain Shamaan could be challenged in the high court. A bench of Justices Huzaifa Mohamed, Fathimath Farheeza and Mohamed Saleem heard the case.

While Justice Farheeza upheld the opinion, Justice Mohamed Saleem’s opinion stated that in view of the reasons sought to review the registrar’s decision, it was felt that the registrar’s decision should be overturned as there was a legal debate for the purpose of the process.

Therefore, the three-judge bench set aside the registrar’s decision and decided to look into the matter.

Shamaan was arrested for allegedly misusing his official position to take undue advantage of foreigners. During the investigation conducted by the police against a group of immigration employees, it has been revealed that he has been found to be involved in corruption charges.

His wife’s mobile phone was also seized by the police following a court order.

Several others have also been arrested in connection with the case. They are:

Mohamed Alsan Ismail, 21, of Moonima, Thaa Atoll Buruni

Ibrahim Ahmed, 37, Galolhu. Happy Side, Male’

Hasan Saheshan, 47, Galolhu Happy Side, Male’

Ahmad Lassaan., 40, Maafannu. Hazarivilla, Male’

Shamaan was sacked after being accused of corruption, and former Police Commissioner Ahmed Fasih was appointed as Immigration Controller.