Resident Magistrate Semi Babitu has denied a legal request from Zarin Khan’s attorneys to lift the Stop Departure Order imposed by the Fiji Independent Commission Against Corruption (FICAC).
Khan, a partner at Aliz Pacific, sought permission to travel abroad for medical reasons through his legal representatives from the law firm Lal, Patel and Bale. However, FICAC Principal State Counsel Lilian Mausio contested the application, arguing that the Court lacked the jurisdiction to consider the matter and that the application was based on a misunderstanding of the circumstances.
Mausio pointed out that Khan has not been formally charged with any offense, rendering Section 5 (2) of the Criminal Procedure Act inapplicable in this case. When delivering his ruling, Magistrate Babitu agreed, noting that the jurisdiction to hear Khan’s request was limited since the Stop Departure Order was issued by FICAC’s Commissioner, acting within the authority granted under the FICAC Act.
This ruling highlights the ongoing efforts of FICAC to enforce regulations and uphold legal procedures, illustrating the complexity of legal matters concerning individual rights and state regulations. While this decision may be disappointing for Khan, it reflects the system’s integrity and adherence to its own legal frameworks.
Overall, while Khan’s situation appears challenging, the legal decision emphasizes the importance of due process and the checks and balances inherent in the judicial system. This can inspire hope that legal remedies will ultimately respect both individual rights and institutional authority.
Leave a comment