High Court releases passport of Sri Lankan man accused in SJ embezzlement case

The High Court of Maldives has overturned the Criminal Court’s order to seize the passport of Sri Lankan citizen Hashan Prageeth Tso, who was accused of embezzling company property and obtaining illegal benefits while serving as a wholesale manager at SJ Pvt Ltd. His passport had been withheld since January 4 this year in connection with the case.

The Criminal Court had ordered his passport to remain seized until this month. Hashan Prageeth appealed to the High Court after the Criminal Court decided that the order should not be changed.

In its decision, the High Court highlighted the lack of sufficient evidence. The court noted that police had testified during proceedings that eight months of investigation had not uncovered any proof that the accused had obtained additional benefits.

The High Court further held that there was no adequate evidence linking him to the alleged offence.

The court also observed that there was no indication the Sri Lankan national was attempting to flee. The bench stated that under the Criminal Procedure Code, reasonable grounds for a departure prohibition cannot be established merely because a person is a foreigner or not currently employed. The judges also noted that his decision to file a case with the Employment Tribunal demonstrated that he was not attempting to evade the justice system.

The case was heard by a High Court bench comprising Justice Mohamed Shaneez Abdulla, Justice Fathimath Farheeza and Justice Ismail Shafeeu.

The judges unanimously ruled that the Criminal Court’s passport-seizure order, and its subsequent decision to uphold that order, must be quashed as they were in violation of judicial and legal principles.