Author: Yatin Varma (Yatin Varma)

Home / Yatin Varma
No Warrant, No Entry? Understanding Police Search Powers
Post

No Warrant, No Entry? Understanding Police Search Powers

Constitutional Protection: Section 9(1) of the Constitution provides that except with his consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. However section9(1) is subject to the exceptions contained in section 9(2) like inter alia interests of defence, public safety, public...

What To Do If You Are Arrested?
Post

What To Do If You Are Arrested?

Know your rights and what steps to take:- In what circumstances can a person be arrested? A person can be arrested when there is reasonable suspicion that he or she has committed or is likely to commit an offence. Can a person be arrested without a warrant of arrest? A person can be arrested with...

What is a provisional charge?
Post

What is a provisional charge?

A provisional information is a mechanism whereby a court is informed of the reason of the arrest of an individual. The use of a provisional information is now an established practice. Only an offence known to law can give birth to a provisional information. Purpose: To bring the detention of an individual under judicial supervision...

How does bail work in practice?
Post

How does bail work in practice?

Right to bail: In Mauritius, the right to personal liberty is guaranteed by section 5 of our Constitution and the process of bail is governed by the Bail Act 1999. Individuals in custody whether in police cell or in jail have the right to apply for bail and subject to certain conditions, that person is...

TRIBUTE IN MEMORY OF LATE YOUSUF MOHAMED, SC, (G.O.S.K)
Post

TRIBUTE IN MEMORY OF LATE YOUSUF MOHAMED, SC, (G.O.S.K)

Your Ladyship, The Honourable Chief Justice The Honourable, Senior Puisne Judge Honourable Judges The Solicitor General The Deputy Director of Public Prosecution Colleagues of the Legal Profession Members of the Mohamed Family Ladies and Gentlemen, On the 03rd of April 2022, the country lost an eminent barrister and a freedom fighter, Yousuf Mohamed – A...

From Darkness To Light
Post

From Darkness To Light

Writing an article for the special issue of Aryodaye on the occasion of Divali is a privilege. My family has been associated with the Arya Samaj movement for four generations. My par-Dadi (great grand mother) changed the whole family and we went from being stanch Sanatanists to Arya Samajists. My dada, Ramavtar Nath Varma and...

Open letter to Gavin Glover SC
Post

Open letter to Gavin Glover SC

Dear Gavin, Congratulations on your selection to become Attorney General. I find it my duty to pen these words especially given the fact that during the last ten years, the legal profession did not feel there was any person acting in that capacity and the judiciary was left without any reform worthy of its name....

The Need For A Separate Court of Appeal
Post

The Need For A Separate Court of Appeal

Section 80(3) of the Constitution provides: The Judges of the Court of Civil Appeal and Court of Criminal Appeal shall be the Judges for the time being of the Supreme Court. Back in 1968, the framers of our Constitution made a temporary provision for the judges of the Supreme Court to also hear appeals. It...

Should the use of cannabis be legalized?
Post

Should the use of cannabis be legalized?

The legalization of cannabis has again become topical with the recent stand of Dr Navin Ramgoolam, leader of the Mauritius Labour Party on the issue. It meets those of Xavier Duval, leader of the opposition and of the PMSD and Alan Ganoo, leader of the Mouvement Patriotoque . Coincidentally or perhaps resolutely, all three advocate...