In the ongoing constitutional dispute between the Director of Public Prosecutions (DPP) and Police Commissioner Anil Kumar Dip, Magistrate Nitisha Seebaluck ruled in favour of the DPP on Tuesday, July 18. The magistrate concluded that the DPP would be responsible for overseeing the proceedings in the Sherry Singh case, citing the powers vested to the DPP under Section 72 of the Constitution.
“The DPP remains constitutionally empowered to take control of any criminal proceeding in Court,” she was cited as saying.
Following the ruling, Senior State Counsel Me Damodarsingh Bissessur reiterated the motion to obtain information from the police. The case is set to be called again on August 8, 2023.
In a prior session, it had been revealed that the police had enlisted the services of a private lawyer and would not be represented by the DPP’s office.
However, the ruling has not put a halt to the conflict. Instead, Commissioner Dip is now seeking the Supreme Court’s declaration that the DPP and his subordinates have encroached upon his powers in ongoing police investigations. Dip has cited specific instances where divergent stances taken by the DPP are claimed to have adversely affected ongoing investigations.
The matter also involves the Independent Commission against Corruption (ICAC) and the Attorney General. For his representation, Dip will be supported by a team of lawyers, including renowned British attorney Paul Ozin, during the court proceedings scheduled for September.
Sources: Le Mauricien, Defi Media