Gulhifalhu Case Update: High Court Issues Temporary Injunction on Port Development Project

The High Court granted a temporary injunction, halting dredging and reclamation activities at Gulhifalhu in response to a civil case filed by environmental activist Humaida A Ghafoor against the government to cease the project.

The temporary injunction, known as a TSO (Temporary Stay Order), was issued for the respondent, the State, until the conclusion of the substantive case currently being heard at the Civil Court.

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This ruling overturns the previous decision of the Civil Court of the Maldives made on 8 June 2023, which had declared the project’s continuation as void.

The High Court’s decision was supported by Judges Mohamed Shaneez Abdullah and Huzaifa Mohamed, while Judge Mohamed Niyaz issued a dissenting opinion.

The court’s deliberation involved a thorough examination of the ‘precautionary principle’ in international law, with a review of its historical context and its application in various courts worldwide. This marks a significant moment as the High Court of the Maldives upholds this principle for the first time in a national court, setting a historic precedent.

Additionally, the ruling acknowledges the importance of this decision in a public interest case concerning the protection of the Maldives’ delicate environment within the national legal framework.