CJ Sharma could be drawn in UNC battle against CCJ

CHIEF JUSTICE (CJ) Sat Sharma has been drawn into the legal battle between the Opposition United National Congress (UNC) and the swearing-in of the two Trinidad and Tobago members of the Caribbean Judicial and Legal Service Commission (CJLSC) for the establishment of the Caribbean Court of Justice (CCJ). The judicial review application filed by UNC Fyzabad MP Chandresh Sharma came up for hearing yesterday in the San Fernando High Court. Justice Peter Jamadar ordered that CJ Sat Sharma be served with the proceedings by 10 am today, in order to allow him (the CJ) an opportunity to determine whether he wished to become a party to the proceedings. The application is challenging CJ Sharma’s authority to swear-in the members of the CJLSC. Filed last month in the Sub-Registry, San Fernando, the application is contending that the Caribbean treaty giving effect to the establishment of the CJLSC, has to be first incorporated by an Act of Parliament, before it can have legal effect locally.

Sharma therefore acted unconstitutionally the application contends. The office of the CJ had since responded by stating that Sharma’s swearing-in of the members was merely ceremonial. When the case was called in the First Civil Court, British Queens Counsel Fenton Ramsahoye SC, instructed by attorney Anand Ramlogan, told Justice Jamadar that he was ready to proceed on behalf of the applicant (Chandresh Sharma). Attorney Kerwyn Garcia, who represented the State, informed the judge that Senior Counsel Anthony Jacelon had been retained to represent the State. However Jacelon, Garcia said, was yet to receive a copy of the brief. Insisting that he was ready to proceed, Ramsahoye told the judge that the case raised questions about the independence of the judiciary and the doctrine of the separation of powers. The applicant’s case contends that as head of the judiciary, Sharma should not have so acted based on instructions from a member of the executive. His first authority to swear-in, should be based on law. But the Caribbean treaty establishing the CJLSC and the CCJ, was yet to be incorporated into local law.

Justice Jamadar inquired from Ramsahoye whether he had objections to Sharma being served with a copy of the proceedings. This, the judge added, was necessary in case the CJ wished to become involved in the proceedings. Ramsahoye replied that he had intended to serve the application on Sharma. Justice Jamadar ordered that the proceedings be served on Sharma by 10 am this morning. The judge however, explained that his order was not tantamount to the Chief Justice becoming a party to the action, but at the same time it was left up to him (Sharma). Justice Jamadar further ordered that written legal submissions be filed by both sides to ascertain whether the court had jurisdiction to adjudicate on the issues raised in the application. The case will be called again on September 25.