High Court has ruled that the state's appeal against the release of Hood Mohammad Zahir, accused of terrorism and alleged membership in the Islamic State (IS) group, cannot proceed.

Hood was arrested on 6 January 2021 in a joint operation involving the FBI and European agencies. He faces five charges that collectively carry a maximum sentence of 53 years if convicted. These include abetting terrorist acts online, disseminating IS materials, membership in a terrorist organisation, supporting terrorism, and possession of symbols indicating support for terrorism.

According to the authorities, Hood has been spreading IS propaganda via encrypted platforms since 2015, inciting attacks on European leaders and civilians. He is also accused of operating an IS cell in the country for seven years. Additionally, Hood had been linked to a high-profile 2010 rape case but was not convicted due to a lack of evidence.

In October 2024, Hood submitted a petition to the Criminal Court seeking a review of his custody. The court granted him conditional bail for 60 days, a decision that the state subsequently challenged in the High Court. The state argued that under the Anti-Terrorism Act, Hood was not legally permitted to apply for a custody review and sought to overturn the lower court’s decision.

The High Court, led by Justice Hussain Majeed and supported by Justices Hassan Shafiu and Huzaifa Mohamed, unanimously dismissed the state’s appeal. Justice Majeed ruled that every detainee has the constitutional right to request a review of their custody, even in cases involving terrorism, provided their release does not pose a threat to society. Justice Shafiu noted that the state had not raised objections to Hood’s petition during proceedings in the lower court, making its appeal to the High Court invalid. Furthermore, the court emphasised that appeals cannot be based on arguments that were not presented earlier in lower court proceedings.

The High Court’s decision to dismiss the appeal is grounded in procedural fairness, affirming the principle that detainees retain the right to challenge their custody. Hood remains on conditional bail while his trial continues, highlighting the delicate balance between constitutional rights and national security considerations in such cases.