Judge: Challenge of Judicial Review Bill is urgent

THE question of whether the courts have jurisdiction to deliberate on the Judicial Review Amendment Bill (JRAB) which is currently before the Senate, was raised in the San Fernando High Court yesterday. Justice Carol Gobin agreed with legal submissions by Senior Counsel Ramesh Lawrence Maharaj, that the courts could intervene in the proceedings of Parliament on such matters which affect the rights of citizens. The amendment seeks to limit the category of citizens who should seek judicial review in the High Court, against decisions made by public authorities. Only those persons directly affected, the amendment proposes, should be allowed. The amendment proposes to give a judge the power to impose cost on a defeated party who challenges, by way of judicial review, actions of State bodies.

When the Amendment Bill case came up before Gobin in the Second Civil Court, Maharaj resisted a written application by the State for an adjournment to November for hearing of the case. Filed by the Civil Rights Association of Trinidad and Tobago, Maharaj submitted to Gobin that if the amendment is passed in the Senate, his client’s access to the courts would be defeated. In fact, the former Attorney General added that the Bill is on next week’s Order Paper. Appearing with Maharaj were attorneys Ravi Rajcoomar, Darrel Allahar and Vijaya Maharaj, instructed by Alvin Ramroop. Senior Counsel Russel Martineau, who did not appear in the matter yesterday, is instructed by State Attorney Karen Boodan.

Agreeing with Maharaj that the case is one of urgent public importance, Gobin raised the issue of jurisdiction. “Can the courts interfere in the proceedings of Parliament?” Gobin asked. Maharaj submitted to the judge that a recent Privy Council case in the Bahamas, ruled that a court could grant a conservatory order even at the stage of a Bill engaging the attention of Parliament. The objective of the judgment, Maharaj added, was aimed at preserving the rights of citizens. Gobin ordered that the State should file affidavits by July 22. Both sides are to exchange written arguments by then. The judge ordered that hearing of the case will begin on July 25.