Press Freedom Upheld: 3 Journalists’ Rights Affirmed by Supreme Court

The Supreme Court has delivered a significant blow to police powers, annulling a court order that compelled an investigative journalist to hand over data from seized electronic devices. The landmark decision, handed down by Judge Nicolas Ohsan-Bellepeau, protects the constitutional right against self-incrimination, a victory for press freedom advocates.

The ruling stems from a contentious case involving three Mauritian journalists, Axcel Chenney, Yasin Denmamode, and Nad Sivaramen, who were targeted by police in September 2017 during an investigation into the Bet365 affair.

The journalists, all from the daily newspaper l’express, were suspected of conspiring with a “self-proclaimed swindler” to bring down former Attorney General Ravi Yerrigadoo.

The police had seized two mobile phones and a USB drive from Mr. Chenney during a highly-publicised raid on their homes, which was filmed by the state broadcaster.

They later secured an ex parte order compelling the journalist to disclose “directly relevant” information from the devices.

The Court’s Reasoning

The Supreme Court rejected the order, siding with the journalists who argued it violated fundamental principles of natural justice and the constitutional right to silence.

The court focused on Article 10 of the Constitution, which guarantees the presumption of innocence and the right not to be compelled to testify against oneself.

While the police had relied on a legal precedent that allows for the seizure of evidence that exists independently of the suspect’s will (such as documents or biological samples), the court distinguished this case, asserting that the journalist should have been heard before such a coercive measure was granted.

The court’s decision was informed by both local and European case law, including the well-known case of Saunders v. United Kingdom.

A History of Harassment

The annulled order is part of a larger legal battle that began with the 2017 raid.

Following the raid, the then-head of the Police Press Office, Shiva Coothen, falsely claimed the three journalists were “fugitives” who had been arrested, despite never being brought before a court.

The journalists have since taken legal action against Mr. Coothen and other high-ranking police officials for attempted intimidation against them and their profession.

The legal team representing the journalists from l’express included Solicitors and Barristers Mᵉ Francis Hardy, Mᵉ Yanilla Moonshiram, Mᵉ Robin Ramburn, SC, and Mᵉ Hervé Duval, SC.

The trio’s ongoing case against the police is being handled by Mᵉˢ Pravind Nathoo, Nuvin Proag, and Roshi Bhadain.

The ruling was announced on September 16, 2025.

Source: l’Express