Ex-DPP Challenges Constitutionality of the FCC

On January 23, the Supreme Court of Mauritius will hear a significant case brought by former Director of Public Prosecutions (DPP), Satyajit Boolell, Senior Counsel (SC). He is contesting the constitutionality of the Financial Crimes Commission (FCC). Both Boolell and the current DPP, Me Rashid Ahmine, have filed motions in the Supreme Court regarding this matter.

In his application, Boolell argued that the FCC operates in violation of Article 1.3 and Article 10 of the Mauritian Constitution.

He claimed that the FCC intends to initiate prosecutions without prior consultation with the DPP, who is constitutionally recognized as the sole authority entitled to prosecute individuals in criminal cases—not the FCC.

Boolell’s submission raised concerns about potential political interference in the FCC’s decisions.

He suggested that the FCC should seek approval from the DPP before deciding to commence any legal proceedings.

He also recalled an incident from July 13, 2015, when he was summoned by the now-defunct Independent Commission Against Corruption (ICAC) in connection with the Sun Tan case.

At that time, he successfully pursued legal action against the ICAC, and the Supreme Court granted him an injunction to halt the investigation.

To support his case, Boolell has engaged the legal services of Me Sanjay Bhuckory, SC, and Me Vijay Kumar Dwarka, Senior Attorney.

The outcome of this hearing could have significant implications for the operations and authority of the FCC in Mauritius.

Source: l’Express