High Court overturns release of suspected child molester

The High Court, on Sunday, has overturned a lower court’s decision to release a suspect who had been held in pretrial detention on charges of child sexual abuse.

The case concerns allegations of intentional touching with sexual intent involving a 13-year-old child, with charges filed under the Protection of Children from Sexual Abuse Act. Following his arrest on February 14, 2024, the suspect was ordered to remain in custody until April 14, 2024, pending the conclusion of the trial.

However, following a review petition filed by the suspect, the lower court ordered his release subject to certain conditions. The Prosecutor General’s Office subsequently appealed the decision to the High Court.

The lower court had justified the release on the grounds that witness testimony had already been recorded, the suspect had no prior criminal record and therefore posed a low risk of reoffending, and the duration of his detention constituted a change in circumstances.

In its ruling, which referred to Supreme Court precedents, the High Court emphasized that the completion of witness testimonies does not eliminate the risk of witness intimidation. The court noted that the possibility of interference remained significant, particularly because the suspect lives directly opposite the victim’s home. It further determined that the absence of a criminal record was an existing circumstance and could not be treated as a "changed circumstance" warranting release.

The High Court also clarified that procedural delays or the length of pre-trial detention do not constitute legal grounds for release under specialized legislation. Instead, the court stated that the appropriate remedy in such circumstances is to expedite the scheduling and conclusion of the trial. The judgment further noted that the conditions imposed by the lower court were insufficiently robust to ensure the protection of children in the community.

The three-judge bench, presided by Judge Hussain Mazeed and comprising of Judge Huzaifa Mohamed, and Judge Abdul Rauf Ibrahim, unanimously overturned the release order. The High Court also directed the lower court to make a prompt decision if the Prosecutor General’s Office submits an application for the suspect’s remand within the next seven days.