Police institution not liable for unlawful arrest, high court rules
The ruling came after the police appealed a civil court’s judgment that declared Sabra Noordeen’s arrest unlawful, unwarranted, and an “abuse of power.” The high court overturned the lower court order for the police to apologise in writing and to erase the record of her arrest.
26 Nov 2016, 9:00 AM
Individual police officers must bear responsibility for the unlawful arrest of a former police intelligence director in March 2013, the high court decided Tuesday, ruling that the Maldives Police Service is not liable for damages.
The ruling came after the police appealed a civil court judgment that declared Sabra Noordeen’s arrest unlawful, unwarranted, and tantamount to “abuse of power.” The court also ordered the police to apologise in writing and to erase the record of her arrest.
The high court agreed that the police did not follow due process but overturned the lower court order on the grounds that the entire police institution cannot be held responsible. The appellate court cited provisions in the Police Act for investigating unlawful conduct or abuse of powers by police officers.
Delivering the verdict, Chief Judge Abdulla Didi said Sabra has the right to seek compensation from individual police officers. She could also file complaints with oversight bodies if she believes her rights were violated, he noted.
Become a member
Get full access to our archive and personalise your experience.
Already a member?
Discussion
No comments yet. Be the first to share your thoughts!
No comments yet. Be the first to join the conversation!
Join the Conversation
Sign in to share your thoughts under an alias and take part in the discussion. Independent journalism thrives on open, respectful debate — your voice matters.
