Resident Magistrate Semi Babitu has denied the request from Zarin Khan’s legal representatives to lift the Stop Departure Order placed on him by the Fiji Independent Commission Against Corruption (FICAC). Khan, who is affiliated with Aliz Pacific, sought permission to travel abroad for medical treatment.
During the court proceedings, FICAC’s Principal State Counsel, Lilian Mausio, opposed the motion, arguing that the court lacked jurisdiction to adjudicate on the matter and that Khan’s application was fundamentally flawed. Notably, Khan has not faced any charges, which means that provisions under Section 5 (2) of the Criminal Procedure Act were not applicable to his situation.
In his ruling, Magistrate Babitu emphasized that he could not consider Khan’s application, as the Stop Departure Order was issued by the FICAC Commissioner, acting within her legal rights under the FICAC Act.
This decision underscores the importance of adhering to legal processes and the jurisdiction of different authorities in matters of law, even when dealing with personal health situations. While it might seem like a setback for Khan, it also reflects the commitment to uphold legal standards and the integrity of the judicial system.
In a broader context, such cases highlight the balance between individual rights and regulatory oversight, ensuring that the rule of law is maintained. It is crucial for individuals involved in legal proceedings to understand the frameworks that govern their situations, as these decisions can have significant implications.
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