….Judge grants injunction as lawyers challenge repeated arrests despite bail orders
LILONGWE-(MaraviPost)-The High Court in Lilongwe has stopped police from re-arresting 10 suspects linked to recent political violence.
The court’s decision follows an application by the suspects’ lawyers seeking judicial review of the State’s conduct.
The legal team argued that the police had continued to re-arrest the suspects despite bail orders issued by various magistrates’ courts.
They asked the High Court to grant permission for judicial review, to bar police from further arrests, and to suspend all criminal cases already filed.
Judge Howard Pemba granted the suspects leave to commence judicial review proceedings.
He also issued an injunction restraining the police from carrying out any further arrests.
In his ruling, Judge Pemba stated: “If there is any additional criminal charges against the applicants, let them be prosecuted without any further arrests.”
However, the judge declined the request to stay the ongoing criminal cases currently before the lower courts.
Lawyer George Kadzipatike confirmed that the injunction had been granted and that the police had already been served with the order.
Kadzipatike described the development as a critical test of institutional respect for the rule of law.
He stressed that any continued detention of his clients beyond today would signal a serious governance problem.
He said: “If our clients continue to be in custody beyond today, the nation should know that we now have a big problem in terms of rule of law.”
The case is expected to attract significant public attention as judicial review proceedings begin.
