Supreme Court Showdown: Police vs. DPP – Hearing Starts May 28

The complaint filed by Police Commissioner Anil Kumar Dip against the Director of Public Prosecutions (DPP), Me Rashid Ahmine, was brought before the Full Bench of the Supreme Court yesterday, May 11.

The Full Bench consisted of Chief Justice Bibi Rehana Mungly-Gulbul, Senior Puisne Judge Nirmala Devat, and Judge Sulakshna Beekarry-Sunassee.

Representing the DPP was Me Sanjay Bhuckory, Senior Counsel, while the Police Commissioner retained the services of Me Ravind Chetty, Senior Counsel.

The Independent Commission Against Corruption (ICAC) – now replaced by the Financial Crimes Commission (FCC) – and the Attorney General, Maneesh Gobin, were also cited as parties in support of the Police Commissioner.

The Court first heard a motion from the representative of the President of the Republic, Pradeep Roopun, requesting to be removed from the case as an Interested Party.

Chief Justice then set a work schedule for all the legal professionals involved in the case. All Pleadings must be submitted by May 20 to ensure the case is in proper form.

Written Submissions must be filed by Thursday, May 23, and the case will be heard on its merits starting from May 28.

Following cases involving Chavan Dabeedin, Akil Bissessur, Sherry Singh, and Bruneau Laurette, among others, the Police Commissioner filed a constitutional complaint in the Supreme Court alleging that the DPP was encroaching on his powers under Section 71 of the Constitution regarding provisional charges and bail.

On the other hand, the DPP maintains that under Section 72 of the Constitution, the decision to initiate, arrest, or take over any criminal prosecution is his prerogative, including pretrial matters such as provisional charges or bail motions.

Source: Le Mauricien