The Full Bench of the Supreme Court, composed of Chief Justice Bibi Rehana Mungly-Gulbul, Senior Puisne Judge Nirmala Devat, and Judge Sulakshna Beekarry-Sunassee, has called upon the lawyers of the Director of Public Prosecutions (DPP), the Independent Commission against Corruption (ICAC), and the Attorney General to submit their defense regarding the constitutional complaint filed by the Commissioner of Police (CP).
The case has been adjourned until May 10th at 10 am to allow the lawyers to file their documents.
The constitutional complaint will be debated at a later date determined by the Chief Justice.
During the May 10th hearing, the lawyers involved in this legal battle will have to present their arguments to demonstrate whether it is constitutionally correct for the President of the Republic to be involved in this matter.
The judges have not upheld the preliminary points raised by the DPP, deeming it essential to hear the CP’s arguments before ruling.
The CP filed this constitutional complaint under Article 83 of the country’s Constitution.
According to him, under the constitutional powers granted to him under Article 71 of the Constitution, he is the commander of the police force.
He is also responsible for determining the use and control of the police force.
He argues that decisions regarding investigations, bail, and objections to someone leaving the country rest on his and his officers’ shoulders.
However, he argued, Article 72 of the Constitution gives the DPP constitutional powers, but not investigative powers.
The CP indicated that the DPP’s constitutional powers come into play after the police have completed their investigations and submitted the file to the DPP’s office.
Therefore, he believes that the DPP is jeopardizing the integrity of investigations into crimes involving certain individuals.
He cited cases such as the Bissessur, Sherry Singh, Bruneau Laurette, and Dabeedin, among others.
The DPP disagrees and explains in his response that all matters related to criminal proceedings, bail, and motions to dismiss charges fall under his sole jurisdiction.
Source: l’Express
