The State vs. M.S.M. Ibrahim et al. – CA 123-126/2016-2016
In the case between M.S.M. Ibrahim alias Naleen Thatha and others (Appellants) and the Hon. Attorney General (Respondent), the court addressed the validity of the conviction and imposition of the death penalty for the alleged murder of A.M. Mohamed alias Samurdeen Thandayal. The central legal issue concerned whether the High Court’s procedure in recording evidence complied with Section 273 of the Code of Criminal Procedure and whether procedural irregularities resulted in an unfair trial. It was held that the recording of evidence, particularly in the case of the second appellant, was erroneous as it was taken in narrative form rather than the required question and answer format, thereby constituting an irregularity that rendered the trial unfair. The principle reaffirmed is that strict co

