Stay of Execution

An appeal automatically suspends the execution of the conviction or sentence until the Appellate Court decides, except in limited cases.

Restitution of Property

Orders for returning property after a conviction are suspended if an appeal is filed. If the conviction is quashed, the order falls away.

Bail Pending Appeal

Convicted persons can apply for bail pending appeal. The Appellate Court has the power to release them on bail under the Bail Act.

Skeleton Arguments

Appellants must file their written arguments 30 days before the hearing, while the other side must respond 15 days before. Non-compliance may lead to costs or sanctions.

Powers of the Appellate Court

The Court can affirm, reverse, amend, or order retrials. It can also correct technical errors, substitute convictions for related offences, or vary sentences.

Criminal Review

Cases can be reopened if fresh and compelling evidence is found. The Court may quash acquittals or convictions and order retrials.

Credit for Time in Custody

Time spent in custody during appeal or review is deducted from any sentence imposed, ensuring fairness.

Miscellaneous

The Act allows extension of deadlines, provides for legal aid, confirms the role of the DPP in appeals and reviews, and empowers the Chief Justice to make rules for implementation.

Repeal

The Act repeals the Criminal Appeal Act and its 1954 Rules and amends related laws to align with the new framework.

Conclusion

The Criminal Appeal and Criminal Review Act 2025 modernises criminal appellate law in Mauritius. It protects the rights of accused persons, gives the courts wider powers to correct errors, and ensures that justice is fair, transparent, and efficient. It is a step forward in strengthening public confidence in the rule of law.

YATIN VARMA

While the previous Legal Aid and Legal Assistance Act made significant headway in providing access to justice by raising the income threshold and introducing legal assistance during police enquiries and bail applications, the new law introduces a consolidated and inclusive framework.

Objectives:-

The primary objective of the Act is to:
– Enhance access to legal representation for low-income individuals;
– Widen the scope of eligibility for legal aid and assistance;
– Make the legal aid process more efficient, transparent, and aligned with principles of fairness and justice.

Key Provisions:-

1. Expanded Eligibility Criteria

– Income Ceiling: The applicant’s average monthly household income must not exceed Rs 25,000.
– Asset Cap: The total assets (excluding clothing, tools of trade, and subject matter of the proceedings) must not exceed Rs 1 million.
– Special discretion is granted to the Court to allow legal aid even if assets exceed this threshold, in the interest of justice.

2. Broader Scope of Legal Aid

The Act covers:
– Civil proceedings (including extrajudicial matters);
– Criminal trials and appeals;
– Juvenile justice matters;
– Legal assistance during police enquiry and for bail applications.

3. Mandatory Information by Authorities

– Courts must inform unrepresented parties of their right to apply for legal aid in a language they understand.
– Police officers must inform unrepresented persons under warning of their right to legal assistance before giving a statement.

4. Application and Verification Process

– Applications are submitted by sworn affidavit using the prescribed form.
– Courts may inquire into the financial means of the applicant.
– False or misleading information is punishable by fine (up to Rs 1 million) and penal servitude (up to 3 years).

5. Legal Assistance to Juveniles

– Courts must grant legal aid/assistance to juveniles on request or when unrepresented.
– Juveniles must be brought before Court within 24 hours if no responsible adult applies on their behalf.

6. Assignment and Regulation of Legal Practitioners

– Courts assign a barrister, attorney, or both.
– Assigned counsel must not request fees from the client and are compensated by the Consolidated Fund.
– Breach of provisions leads to revocation of aid and penalties.

7. Costs and Government Recovery

– Costs awarded to legal aid recipients accrue to the Government.
– Courts may award costs against aid recipients, payable from public funds.

Institutional Framework:-

The Act empowers:
– The Chief Justice to make rules for implementation;
– The Attorney-General to amend the Schedule by regulation.
It also exempts beneficiaries from court fees and related expenses.

Commencement & Transitional Provisions:-

– The Act shall come into force on a date fixed by Proclamation.
– Pending applications under the repealed law will be processed under the former regime.

Application Form:-

The Schedule provides a comprehensive form capturing personal, income, household, asset, and dependent details, along with a sworn declaration under penalty for misrepresentation.

Conclusion:-

The new Legal Aid and Legal Assistance Act marks a bold step towards further democratising legal representation in Mauritius. It recognises that justice should not be the privilege of the wealthy, but a right accessible to all, regardless of financial means. By codifying broader protections and increasing state responsibility, this legislation promotes not just procedural fairness but substantive justice in our legal system.

YATIN VARMA

Le certificat de moralité, tel qu’appliqué aujourd’hui, est-il trop rigide pour les jeunes primo-délinquants ?

Le Certificate of Character Act, qui a remplacé le Certificate of Morality Act en 2012, a rendu le système plus souple. L’article 5 prévoit que certaines infractions comme l’agression, les insultes, les menaces ou les troubles à l’ordre public peuvent être exclues du certificat de moralité après cinq ans. Le mécanisme existe donc déjà. Cependant, sa mise en œuvre pose peut-être un problème. Des personnes m’ont rapporté que certains de ces délits demeurent malgré tout sur leur certificat de caractère.

Le droit mauricien permet-il une révision du casier judiciaire, notamment pour les infractions mineures commises en bas âge ?

Cela est prévu à l’article 75 de la Constitution. Le président de la République, agissant sur les conseils de la Commission de pourvoi en grâce, peut accorder une grâce ou réduire une peine. La personne concernée peut écrire au président ou à la commission. Le concept de « condamnations éteintes » (spent convictions) ou encore le droit à l’oubli pénal, n’existe pas encore dans notre droit, même si les tribunaux ont parfois tendance à l’appliquer. Il est grand temps d’introduire formellement ce concept.

Le Dangerous Drugs Act est-il disproportionné pour les petits consommateurs ?

Le Dangerous Drugs Act a été amendé en 2022 pour y inclure l’article 59B sur la suspension des poursuites. Lorsqu’un consommateur de drogues est poursuivi sous l’article 34 et que le commissaire de police estime qu’il s’agit d’une consommation personnelle sans circonstances aggravantes, et que l’individu n’est pas un trafiquant, il peut recommander au Directeur des poursuites publiques (DPP) que la personne suive une réhabilitation au lieu de poursuites. Si le DPP approuve, la personne est alors référée au Drug Users Administrative Panel (DUAP).

La justice mauricienne tient-elle compte du contexte social et familial d’un jeune délinquant ?

Selon le Children’s Act 2020, un mineur est une personne de 14 à 18 ans. Un enfant de moins de 14 ans ne peut être poursuivi. Il fait référence à l’article 49 de cette loi. L’article 51(1) impose une évaluation par un agent de probation. Cette évaluation permet, entre autres, de savoir si l’enfant a besoin de protection ou s’il a été manipulé par un adulte. En cas de condamnation, l’article 61 exige un « pre-sentence report » avec des informations détaillées sur la situation personnelle et sociale de l’enfant.

Existe-t-il des alternatives spécifiques à l’incarcération pour les jeunes ?

Oui, plusieurs dispositifs sont prévus par le Children’s Act, d’abord un diversion programme (articles 55 et 56), c’est-à-dire un programme individualisé de réhabilitation hors du circuit judiciaire formel. Un Child Mentoring Scheme (article 43), pour les enfants de 8 à 16 ans en détresse ou en rupture sociale. Une Preventive Intervention Order (article 42) peut être émise par un magistrat. L’article 62 permet au tribunal, après condamnation, de libérer le mineur conditionnellement ou de le confier à ses proches.

Quelle est la responsabilité juridique de l’État dans la prévention de la récidive ?

Le Child Services Coordinating Panel, prévu à l’article 8 du Children’s Act, est chargé de coordonner toutes les activités liées à la mise en œuvre de cette loi, ainsi que des conventions internationales comme celle des Nations unies sur les droits de l’enfant et la Charte africaine des droits de l’enfant.

Les peines courtes empêchent-elles une vraie réhabilitation ?

Dans certains cas, une courte peine peut avoir un effet dissuasif. Cela dit, notre système devrait évoluer. La loi devrait permettre une libération temporaire des personnes condamnées pour des infractions mineures, avec un système de surveillance électronique.

Existe-t-il un droit à la réinsertion et un accompagnement à la sortie de prison ?

L’article 45 du Children’s Act prévoit un Child Mentoring Scheme, où un mentor doit soumettre des rapports mensuels et trimestriels sur l’évolution de l’enfant. Cela participe à sa réinsertion.

L’État est-il légalement tenu de préparer les détenus à la vie post-carcérale ?

L’objectif premier d’une peine de prison doit être la réhabilitation. Le Probation of Offenders Act et le Community Service Order Act visent cela. L’article 59C du Dangerous Drugs Act traite spécifiquement de la réhabilitation des usagers de drogues.

Existe-t-il une protection contre la discrimination liée à un passé judiciaire ?

Aucune disposition de la Constitution, notamment dans le chapitre 2 sur les droits fondamentaux, ne protège spécifiquement contre cela. Un individu concerné peut s’adresser à la Commission de pourvoi en grâce.

Est-il légal de refuser un emploi à cause du certificat de moralité ?

Cela dépend entièrement de l’employeur. La loi ne peut pas contraindre un employeur à recruter une personne ayant un casier judiciaire.

Que penser de l’idée d’accorder des incitations fiscales aux entreprises qui recrutent d’anciens détenus ?

Il n’existe aucun obstacle juridique à cela. Toutefois, je doute de l’efficacité réelle d’une telle mesure en pratique. Je me demande si une compagnie voudra effectivement employer un jeune ou un adulte avec des antécédents d’escroqueries, de vols ou encore de détournements de fonds.

Publié le 15 Juin 2025- Le Defi/Hebdo

Par Kursley Thanay

This article explains the legal framework, grounds and remedies for objections to departure,  with an eye towards individual rights and judicial fairness.

What is an Objection to Departure?

In criminal matters, anObjection to Departure is a legal restriction placed on a suspect or accused preventing them from travelling abroad until the case is resolved. It ensures their presence for investigations, trial, or other legal proceedings. Typically in Mauritius, an application for a Prohibition Order is made when a provisional information is lodged before a District Court. However, this order can be challenged or varied.

Legal basis in Mauritius:

• Section 15 of the Constitution protects freedom of movement including the right to leave Mauritius. However, it allows reasonable restrictions in the interest of: defence, public order, public safety, public morality or public health. If such restrictions are unreasonably prolonged without judicial supervision, the courts may intervene as held in Dookhy v Passport & Immigration Officer (1987 SCJ 196).

• Under section 13 of the Bail Act 1999, a  senior police  officer (Assistant  Superintendent or above) or the Director-General of the Financial Crimes Commission(FCC)  may request an interim restriction valid for 72 hours by certifying in writing to the Immigration Officer;

• The Police or FCC may formally apply for a Prohibition Order preventing a suspect from leaving the country under section 14 of the Bail Act. If the Court is satisfied, it may:

•  Prevent the person from leaving Mauritius.
  • Keep the order in force until the case is fully resolved.

                                    In such a situation, the suspect or detainee must surrender their passport to the Passport and Immigration Office.

Remedies: Challenging or Varying a Prohibition Order:

A Prohibition Order is not automatic– courts must be satisfied that it is necessary. Individuals have a right to object at the time the application is made.

Variation of Prohibition Order (section 16 of the Bail Act):

You may apply to court handling your case to vary the order. Such an application is normally made before the Magistrate dealing with matters in Chambers. An application form normally needs to be filled in and supporting documents provided.

Grounds for variation include:

• Medical emergencies(yours or a family member’s);
• Property risk or financial loss;
• Other compelling personal circumstances.

The Court may:

• Allow temporary travel within a specific period;
• Impose conditions, such as travel only to specific countries;
• Allow travel on a restricted passport.

Note: The Director of Public Prosecutions (DPP) is usually consulted. If the prosecution objects, the court hears both sides before ruling.

In S.Peerthum v The District Magistrate of Rivière du Rempart (2009 SCJ 283), it was stated: To determine whether the variation of the prohibition order is justified, a balancing exercise has to be carried between the responsibility befalling the prosecution authorities and the convenience of the applicant and in Dookhy (supra) it was held: In considering alternative measures, the conflicting interests of the parties have to be weighed.

If the Variation Is Refused:

You can apply to a Judge in Chambers ( as Juge des référés) under Article 806 of the Code de Procédure Civil for a review of the decision.

What is a Report on Departure?

A “Report on Departure” is an administrative alert, not a court order. It is used when someone under complaint or investigation tries to travel abroad.

Here’s how it works:

• The Immigration Department alerts the Police or FCC if the person attempts to leave.

• Authorities can then:
  • Record a statement
    • Lodge a provisional information
    • Apply for a Prohibition Order
    • Or simply allow the person to travel

While not as restrictive as a Prohibition Order, a Report on Departure acts as a monitoring trigger.

Final Thoughts:

An objection to departure is a powerful legal tool that must be used judiciously. Courts in Mauritius have the delicate responsibility of ensuring it is not misused or prolonged unfairly.

While the state has a legitimate interest in preventing flight, individuals must be able to challenge restrictions that infringe on their freedom.

The key is balance-between justice and liberty, public protection and personal rights.

Need legal help:

If you are subject to a Prohibition Order or Report on Departure, consult a legal professional promptly. Swift legal action can protect your rights and prevent unnecessary hardship.

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 order, public morality, public health. In RAMGOOLAM N V COMMISSIONER OF POLICE & ANOR [2015 SCJ 84], it was held that “The applicant is entitled to the protection of the law and the Constitution in so far as his privacy rights are concerned. The Constitutional protection afforded to him under sections 3, and 9 of the  Constitution  provides  for  permissible  derogations  by  virtue  of  ‘law’  in  the “public interest’ and in the interest of ‘public order’”. In VEERAPEN K.D. v THE STATE [2015 SCJ 439], it was stated “Now, section  9(1)  of the  Constitution  provides  that no  person  shall  be  subjected  to  a search  of  his  person  or property except  with  his  own  consent” and in MADHEWOO M. v THE STATE OF MAURITIUS AND ANOR (supra) it was further held: “However, the right which exists under section 9(1) of the Constitution for a person not to be subjected to bodily search except with his consent is not an absolute one. A limitation to that right is permissible under section 9(2)”. In Mauritius, police generally require a search warrant to lawfully search your home.

When Is A Search Warrant Required?

Under section 30 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852, a magistrate can issue a search warrant if there is reasonable cause to suspect that:

• Stolen goods or items obtained through a crime are concealed in a specific dwelling house or other premises

The warrant must specify the items sought and the exact location to be searched and should be conducted during daytime, unless there’s positive information- not a mere suspicion or a great emergency justifying action at any time.

Section 36 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852 provides for the situation where a credible witness proves, on oath before a Magistrate, reasonable cause to suspect that any person has in his possession any property which has been obtained by means of a crime or misdemeanour or any weapon or instrument used in the commission of a crime or misdemeanour. In such a situation, the Magistrate may grant a warrant to search for such property, weapon or instrument as in the case of stolen goods.

Can Police Issue A Search Warrant?

Pursuant to Section 14(1)(a) and (3) of the Police Act 1974, in urgent situations where obtaining a search warrant from a Magistrate would cause delays that could defeat the ends of justice, a police officer of at least the rank of Assistant Superintendent may issue a search warrant. This applies if there’s sworn information that a person unlawfully possesses:

•  Dangerous drugs.
• Property obtained through an offence.
• Articles used or likely to be used in committing an offence.

The officer must report the circumstances and results of such a search to the Commissioner of Police and forward the endorsed warrant to the appropriate District Court promptly.

When Can A Search Warrant Be Issued?

In accordance with section 6 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852, a Magistrate may grant or issue any warrant or any search warrant on a holiday as well as on any other day.

Contents of the Search Warrant?

A search warrant must specify the goods which are the object of search, and the dwelling house or other premises where they are concealed or suspected to be concealed as provided for by section 33 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852.

Powers of Entry:

Under Section 34 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852, the officer charged with the execution of the warrant may lawfully enter any such dwelling house or premises with his assistants to execute the warrant, and they are justified in making search as directed by the warrant although the goods are not found and where the door is shut, the officer may proceed to break open the door, if after notification of his office and purpose and demand of admission duly made he is otherwise unable to obtain admittance.

Can The Occupier Be Arrested?

The warrant may also direct the arrest of the occupier of the dwelling house in which the goods are found, or of the person having the goods in his custody following section 32 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1852.

Your Rights During A Search:

• Request to See the Warrant: You have the right to ask officers to present the search warrant before they enter your home.
• Consent: If officers do not have a warrant, they generally cannot enter your home without your consent, unless under the urgent circumstances.
• Digital Materials: Police can only access digital devices with your consent or with a Judge’s Order.
• Forced Entry: If entry is refused after officers present a valid warrant and state their purpose, they are legally permitted to use force to enter the premises.

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 or without a warrant of arrest. In very rare cases, an arrest can be effected by a private individual.

What are your rights if you are arrested?

• Any person who is arrested or detained shall be informed as soon as is practicable, in a language that he understands, of the reasons of his arrest or detention;

• He shall be afforded reasonable facilities to consult a legal representative of his choice;

• A person in police custody should be allowed to speak on the phone to his legal adviser or his nearest relative provided that no hindrance is reasonably likely to be caused to the processes of investigation, or the administration of justice by his doing so;

• He should be supplied on request with writing materials and his letters should be sent by post or otherwise with the least possible delay;

(V) Any detainee or accused party, being suspected of having committed certain specified offences

should, upon arrest, be informed by the police officer in charge of  the  police  station  that  he  may  make  an  application  for  legal  assistance  during  police enquiry and for bail applications;

(VI) A person who is arrested will be invited to give a statement to the police. He has the right to insist that he will do so in the presence of his Barrister. He also has the right to remain silent and no adverse inference can be drawn from the exercise of that right. It should be ensured that all statements one is asked to sign are explained to that person in a language he understands. He should not fall in the trap of giving a statement hurriedly in return of a promise to be released on parole or on bail. No statement or document should be signed unless one fully comprehends its contents;

(VII) The statement can be written by the person arrested or by a police officer. The statement should be read carefully before signing. It is advisable that the certificate at the end of the statement be inserted by the suspect/detainee himself after he has been read it over and made corrections, if any ;

(VIIII) Reasonable arrangements should be made for the comfort and refreshments of persons being questioned or making a statement and the officers asking the questions or taking the statement should be seated;

(IX) Questioning cannot be oppressive and continue for long hours. There should be breaks at reasonable intervals;

(X) The police has no right to use force and a statement should not be given under duress. No person should be subjected to torture  or to inhuman or degrading punishment or other such treatment and

(XI) That person should be brought without undue delay before a court of law.

Right to bail:

A person who is arrested will be released on bail or if there is police objection, has the right to apply for bail. The police also has the discretion to release an arrested person on parole

Interrogation of children and juveniles:

(I) A child means a person under the age of 18 and a juvenile a person aged 14 or above but below the age of 18. A child under 14 is not criminally responsible and cannot be prosecuted for any criminal offence;

(II) Children should only be interviewed in the presence of a parent or guardian, or in their absence, some person who is not a police officer and is of the same sex as the child;

(III) Every   statement   recorded   from   a   juvenile   offender   during   a   criminal investigation should be recorded by the police in presence of his parent.Where  the  officer  in  charge  of  the  police  station  has  reasonable  grounds  to believe  that  the  best  interests  of  a  juvenile  offender  so  require,  a  statement  may  be recorded from him in the absence, or without the consent, of his parent, but in presence of a probation officer;

(IV) Where a juvenile is arrested, the police officer by whom he is arrested, or the officer  in  charge of  the  police  station  to  which  he  is  brought,  as  the  case  may  be,  should cause the parent of the juvenile where he can be found, to be warned to attend the Court before which the juvenile is to appear and

(V) Where a police officer has reasonable grounds to suspect  that a child under the age of 14 has committed an offence, he shall, notwithstanding any other enactment, not  detain  the  child  but  conduct  an  enquiry  and  immediately  inform  the Ministry responsible for the subject of probation and aftercare services.

Interrogation of foreigners:

In the case of a foreigner making a statement in his native language, the interpreter should take down the statement in the language in which it is made and an official translation should be made in due course and be proved as an exhibit with the original statement. A foreign national can also contact his embassy for support.

Medical attention:

A person who is arrested in need of medical attention should inform the police forthwith.

Right to compensation:

Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person.

Purpose: To bring the detention of an individual under judicial supervision and control . A provisional information ensures that arrests and detentions are monitored by a Magistrate, maintaining a level of control over police actions;

Process: When someone is arrested on reasonable suspicion of an offence, a provisional information is lodged against that person before a District Court and the judicial authority then decides whether the detainee should be released on bail and if not, for how long he should be detained pending investigation while ensuring compliance with section 5 of the Constitution which protects the right to liberty. No detainee pleads to a provisional information and no trial take place. A motion can de made to strike out the provisional information on grounds of delay and/or the nature of evidence. In the event the provisional information is struck out,  the prosecution can still, thereafter, come up with a formal charge and lodge the main case;

Safeguarding Constitutional Rights: The purpose of bringing a suspect whether he is at large or  on remand periodically before a Court is not a mere formality. It is the sacrosanct duty of the Magistrate before whom the suspect appears to see to it that the detention, if any, of the suspect is not unduly being prolonged and also to find out what is hindering the lodging of the main case against him;

Unique to Mauritius: This system is not codified, meaning it is not in our law. However, it has evolved as a settled practice over time and considered unique to the country;

Action against the State: In the event an individual believes that he or she has been unlawfully subject to a provisional charge, that person can initiate a case against the State within a delay of two years from the time of occurrence. There is no need to await the outcome of the criminal case to lodge a civil case;

Criticism: The practice not being codified in law relies on judicial precedent and established customs. It is, therefore, considered to be a legal grey area. In many instances, provisional charges are lodged even before gathering sufficient evidence. The practice is also perceived as a tool to harass political opponents. The lodging of provisional charges is within the powers of the police without having to seek the approval of the Director of Public Prosecutions. There is no time limit during which a person can be subject to a provisional charge. Consequently, suspects can be detained or remain on provisional charges for long periods of time raising concerns about potential abuses of power. This can lead to severe social and psychological impacts on individuals particularly in the eventuality the prosecution decides to strike out the provisional charge without the need to come up with a main case.

Where to apply for bail? Mauritius has a specialised Bail & Remand Court (BRC) that handles bail applications. However, when a person is in police cell, the application should be made before the District Court where the provisional information has been lodged. Application to the BRC is only made where a person is in jail or when the BRC sits as the Week-End Court and the individual has been arrested and brought before that court during that lapse of time. Application for bail can also be made before the Court before which the formal charge has been lodged and can be made for cases pending appeal.

Conditions for bail: A release on bail may involve entering into a recognisance and providing one or more sureties. Other conditions may include reporting to the police regularly, restrictions of places to which the individual may go to, restriction of movement after 6 p.m (curfew order), the prohibition of, or control over, communication by that individual with witnesses or potential witnesses and the supervision by a probation officer.

Refusal of bail: A Court can refuse bail where it is satisfied that the individual is likely to fail to appear in court, commit another offence, interfere with witnesses, tamper with evidence, obstruct the course of justice, for his own protection or for the preservation of public order.

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 03^rd of April 2022, the country lost an eminent barrister and a freedom fighter, Yousuf Mohamed – A name that will continue to echo in the legal profession and in the country for generations to come.  On behalf of the bar, I thank the Judiciary for organising this ceremony in memory of a legal luminary.

Born on 22^nd of June 1933, Mr Yousuf Mohamed pursued his secondary education at the Royal College of Curepipe and the Royal College of Port Louis.  In 1954, he left for the United Kingdom to read law at the University of Bristol.  He was called to the Bar at the Honourable Society of the Middle Temple in 1960, after which he returned to Mauritius and started practicing at the Bar.  In 1963, he proceeded to read French Civil Law at the “Faculte de Droit de Paris”.  Thereafter, slowly but surely he rose to prominence in the profession.

My Lords,

I was personally quite close to late Mr Yousuf Mohamed and we used to meet often in court.  He had a unique sense of  humour and was always ready to advise and help junior barristers.  He would also not hesitate to stand by members of the Bar who were in difficulty.  He was a fearless barrister who firmly believed in the independence of the Bar and integrity of the profession.  In his last interview published in the second edition of the newsletter of the Mauritius Bar Association, ‘The Legal Tape’ he summarised  the very essence of our profession by  stating and I quote “Practising law is not a business.  It is an art and it is a profession where there are rules of ethics …….  It is a noble profession and one must act nobly …….  It is the duty of seniors to assist the young.  One must not be selfish and think of oneself alone …………Barristers are not the mouthpiece of their clients ………  Our duty is to help the court to reach a verdict based on truth and not on what we want the court to believe.  A Judge or a magistrate is there to administer justice and I owe him respect.  Respect should be both ways.  Even Judges and Magistrates should also know how to address barristers ………….  The proper approach will be to work hard, to have patience, integrity and honesty towards your opponent and the Judiciary.

My Lords

Late Yousuf Mohamed was also a point in time very active in politics.   He stood as candidate for the 1967 general elections which paved the way to independence and as such he was among the very few remaining freedom fighters.  He was elected from the constituency of Quartier Militaire/Moka and remained member of Parliament untilo 1976.  He was again elected in 1983 from the constituency of La Caverne/Phoenix. He in turn served the country as Minister of Labour and Industrial Relations, Deputy Speaker and as High Commissioner to Egypt.

Late Mr Yousuf Mohamed did not stand as candidate again after the 1991 general elections but he could not entirely dissociate himself from politics.  Very often, he would give  his opinion on current affairs and would also campaign tirelessly at general elections.  I still recall how he helped me in my own election in 2005.

However, in his interview to The Legal Tape, he stated: If I could go back in time, I would not do politics.  The time that I devoted to politics, had I devoted the same amount of time to the profession, I would have been further than what I am today, unquote.

Late Yousuf Mohamed was elevated to the position of Senior Counsel in July 1995 and on 12^th March 2003, he was conferred the title Grand Officer of the Order of the Star and Key of the Indian Ocean (G.O.S.K.).

To become Senior Counsel is a unique achievement for a barrister.  Late Mr Yousuf Mohamed had a rare legal acumen and mastered the art of advocacy.  He was also a powerful orator both in Parliament and at public meetings.

My Lords,

Mr Yousuf Mohamed had a long and fruitful career at the Bar.  Up until a few months before his demise, he was still very active at the Bar and used to appear before almost all courts and Tribunals.

He had an innate sense of discipline.  He used to find time for work, family and physical exercise.  I still recall in my childhood, seeing late Yousuf Mohamed going for his daily walk in Quatre Bornes.

My Lords,

In the name of the Mauritian Bar and in my own personal name, I extend heartfelt condolences  to late Mr Yousuf Mohamed’s spouse, Mrs Zeinah Mohamed, his sons and our confreres Shakeel and Zakhir, his daughter Noreena, as well as to other members of the Mohamed family.

It is said “Death is not the greatest loss in life.  The greatest loss is what dies inside us while we live”, late Yousuf  Mohamed lead a life true to himself.  He lived by certain principles and did not allow anything to die inside him while he lived.  His quest for equality and justice remained unfettered till his last breath.

Today when the Mauritian Bar is facing numerous challenges, his absence is tremendously left.

May God bless his soul.

I thank you for your kind attention.

            Divali is one of the most beautiful festivals celebrated worldwide. Incidentally, it coincides with Rishi Nirvan Divas celebrated by Arya Samajists demonstrating a deep understanding of the natural cycle of birth, death and liberation as elaborated in the Bhagavad Gita. The Arya Samaj was founded on 10th April, 1875 with the backdrop principally to fight against social evils like superstition, blind faith, women inequality and the caste system while promoting belief in one God who is omnipotent and omniscient. The Arya Samaj believes in the infallible authority of the Vedas with respect for the Upanishads. Next year, we will be celebrating 150 years of the movement. It’s  time to reflect on the past and take bold measures for the future. The Arya Samaj movement needs to reinvent itself to suit the emerging needs of the Hindu community.

            In Mauritius, the responsibility of propagating and promoting the teachings of Swami Dayanand and the Arya Samaj falls essentially under the purview of the Arya Sabha. Locally, most of the past social evils have been tackled but we are still struggling with issues like superstition, blind faith, division and the caste system. The Arya Samaj needs to primarily connect with the youth who are more spiritually inclined than religiously.  The rise of Sadhguru, Sri Sri Ravi Shankar and motivational speakers like Gaur Gopal Dass are testimony to that reality. They definitely have a bigger outreach these days. While conceding that the Arya Samaj is doing a great job with so many branches, colleges, pre-primary and primary schools, gurukuls, Hindi schools and old peolple’s homes, we need to drastically change direction.

            With its organisation, the Arya Samaj is the only institution that can foster greater unity among the Hindus. The Vedic and the Puranic should find a common ground. There should be mutual respect, understanding and tolerance while accepting our differences. There is a pressing need to look at the broader picture which is Hindu unity.  Language should also not be a barrier. Tamils, Telegus, Marathis and Hindi speaking form the big  Hindu family. This should be drummed in the minds of everyone. Side by side, a wide campaign should be launched to educate Hindus that caste is by action not by birth. How can a section of  Hindus be ostracised? How can a person be born a Brahmin, Ksyatriya, Vaish or Sudra? Swami Dayanand was against hereditary caste system. Undoubtedly, organisations which have been set up supposedly following his teachings with caste connotations are oxymorons.

            Conversion of Hindus in Mauritius is being done on a large scale within the sight and knowledge of all socio-cultural organisations including the Arya Samaj. We are remaining mute and brushing aside the issue, fearing to acknowledge the obvious. We need to stop sleeping on our laurels and wake up before it is too late.  A  large scale campaign needs to be launched to prevent conversion and to bring back to the fold those who have left us. If we want to pay a lasting homage to Swami Shraddhand, we need to start the Shuddhi sanskar i.e the reconversion to Hinduism. Swamiji lost his life in that pursuit. Our dedicated and versatile pandits can play a pivotal role to prevent that scourge that is ruining and destroying the community.

            The relationship between the Arya Sabha and politicians remains a thorny issue. The Arya Sabha organizes events on a regular basis. After the hawan is performed, we often have the tendency to allow those events to be highjacked by politicians. Our platforms are used either to promote their own agenda or to settle political scores. The irony is that we knowingly sit down and clap our hands stupidly when this is being done. Politicians can attend our events like any other invitee. We need to respect the time people devote to our events. We cannot force them to listen to the same rhetoric over and over again. When one leaves our event, he or she should be enriched spiritually, religiously and socially. I recently attended the event by Sri Sri Ravi Shankar and I came out of it enriched spiritually. Likewise for events  I attend at the Ramakrishna Mission and the Chinmaya Mission. There should be no open support to politicians by the Sabha. We all agree that support should be given to those who will safeguard the greater good of the community but this should be done in a subtle way.

            Today superstition is still rampant in Mauritius and there is a rise of so called God-men.

The Arya Sabha can again be the torch bearer. Public events should be organized around the island, inviting scholars in Hinduism from abroad to educate and sensitise the Hindu community as it is pure ignorance that is the cause of these evils. Let us not get bogged down in fighting over petty issues and look at the greater good of the community. The Vedas, Upanishads and the Bhagavad Gita need to be explained and promoted in simple terms and these scriptures should not remain esoteric. Many Hindu families are in great affliction due to alcohol consumption and drug addiction. With its experience and track record, the Arya Sabha can again be instrumental in tackling these issues. Let this Divali and the 150th anniversary of the Arya Samaj be a new dawn for the Sabha and the Hindu community at large.