Case filed at High Court to annul President’s authority to commute death penalty

Thursday, August 9th, 2012

A case has been filed at the High Court to annul the authority of the President to commute the death penalty.

The High Court accepted the case submitted by Hassan Waheed of Rankokaa H.dh. Kurinbee; Abdul Maniu Hussain of Anbareege, Ha. Ihavandho; Abdullah Shiyaz of Naseema Manzil Lh. Naifaru; Hussein Shaheed of Baazeege S. Hithadhoo and Abdullah Naseer Mohamed f Boalhadhanduge Gdh. Gadhdhoo.

The plea detailes that the clause of the authority of the President to commute the death penalty is a violation of the Islamic Shariah which stipulates that it is the right of the heirs of the victim to pardon the murderer and not the right of any other person whether it is the President or any authority of the government.

The plea further stated that the President can take over the authority of the heir in case where there is no heir present.

Furthermore, the plea noted that the article 268 is against the Article 10 of the Constitution which clearly states that no legislation can be enacted that undermines or contradicts with a tenet of Islam.

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