Ex-DPP Takes On FCC: A Fight for Justice

Former Director of Public Prosecutions (DPP), Satyajit Boolell, Senior Counsel, has joined the ongoing effort led by current DPP Rashid Ahmine to challenge the constitutionality of the Financial Crimes Commission (FCC) Act.

Boolell filed a lawsuit against the FCC Act on June 24th, seeking a declaration that the law is unconstitutional.

The case will be heard by Chief Justice Rehana Mungly-Gul on July 8th, allowing all parties concerned to present their arguments.

According to Boolell, the FCC is violating articles 1, 3, and 10 of the Constitution by allowing the Commission to launch investigations without prior consent from the DPP.

He also warned of the risks of political interference and loss of procedural guarantees in judicial proceedings.

In his lawsuit, Boolell proposed an alternative solution, where the FCC would require the DPP’s approval before proceeding with investigations, including those initiated by the former Independent Commission Against Corruption (ICAC).

The State, represented by the Attorney General, has been cited as a co-defendant in this case, along with the FCC as an interested party.

Boolell recalled that he was summoned by ICAC on July 13th, 2015, in connection with the Sun Tan affair, which he considers an attempt to remove him from his position as DPP from 2009 to 2022.

He had obtained an injunction to halt the anti-corruption commission’s investigation at the time.

Since 2023, he noted in his lawsuit, the FCC has replaced ICAC with the implementation of the FCC Act.

Boolell expressed concerns about potential “political influences” due to the “politically appointed” head of the FCC.

He also highlighted his concerns that ongoing ICAC investigations now under FCC jurisdiction no longer benefit from the same procedural guarantees as under the Prevention of Corruption Act (POCA).

According to Boolell, “the plaintiff avers that due to the involvement of political interferences, sections 142 and 163 (2) of the FCC Act are likely to breach his constitutional rights under sections 3 and 10 of the Constitution in as much as at the end of the day, it will be the FCC, directed by political nominees, as opposed to the DPP, which will both investigate and prosecute him and hence it is likely that there will be a breach of his guarantee to protection of law under the constitution.”

Boolell is represented by Senior Counsel Sanjay Bhuckory, Vimalen Reddi, and Senior Attorney Vijay Kumar Dwarka.

Source: l’Express