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...
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...
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...
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....
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...
The procedure adopted for the appointment of Senior Counsel (SC) and Senior Attorney (SA) in Mauritius is a historical oddity which remains alien to the legal profession and the public at large. Pursuant to section 9A of the Law Practitioners Act the power to appoint SCs and SAs is vested in the President of the...
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...
For the first time in its history, the Labour Party has been defeated at two consecutive general elections but more importantly its leader, once charismatic and all pervading, not returned on both occasions. The electorate failed to give him initial legitimacy which is sine qua non for political durability. There should obviously be something rotten...
To mark the 115th Birth Anniversary Homage to the Father of the Nation On October 22, 1959 Reuters had reported Dr Ramgoolam saying that his party wanted independence for Mauritius. No political leader had until then talked of independence. Given the socio-politico context, hardly anyone could think of it as a reality. Ramgoolam himself...
Showkutally Soodhun became president of the MSM following Joe Lesjongard’s adventure in search for fresher fields and greener pastures. Considered to be a loose cannon by many across the political spectrum and the public at large, his blundering instinct became more pronounced after the unexpected advent of the MSM led government in 2014. The list...
