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Malani’s application against AG struck out

September 11, 2021 6:58 am
Veronica Malani. [Source: Facebook]

Chief Justice, Kamal Kumar has dismissed and struck out an application by Veronica Malani against Attorney General, Aiyaz Sayed-Khaiyum and the Director of Public Prosecutions.

Malani filed for a judicial review on a decision by the Director of Public Prosecutions to not lay charges against the Attorney General.

The decision was made earlier this year.

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Malani had alleged that Sayed-Khaiyum was involved in two bombing incidents that took place in 1987.

The DPP had said there was lack of evidence to support the claims made against Sayed-Khaiyum.

In his ruling, Chief Justice Kamal Kumar says after analyzing the affidavit, evidence, and submissions he found that the DPP decision to not institute criminal proceedings against the Attorney General was not in excess of the DPP’s constitutional and statutory authority.

He says the DPP did not act under the direction or control of any other person or authority.

Justice Kumar says the DPP did not act in bad faith in holding that there was insufficient credible evidence or reliable evidence to support any criminal charges against Sayed-Khaiyum.

He says the applicant’s counsel rightly pointed out that the applicant is not challenging the merits of the DPP’s decision but the manner in which it was reached.

Chief Justice, Kumar then struck out the application and ordered Malani to pay $5,000 to the DPP in costs.

Full Court Ruling

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