first_imgThe Bar Council of the Bar Association of Guyana welcomes the recent High Court ruling that compels Attorney General Basil Williams to implement the Judicial Review Act. The Council deems it a move which fills a lacuna in the new Civil Procedure Rule 2016.Chief Justice (ag) Roxane George on Monday ordered the AG to enforce the Judicial Review Act (JRA) by July 31, 2018 when she ruled on the legal action brought against the State by former Attorney General and Legal Affairs Minister, Anil Nandlall.According to the Bar Council on Thursday, the implementation of the Act remedies a lacuna in the new Civil Procedure Rules of 2016, which contain procedures contemplating remedies under the Act.“In the absence of this Act, litigation in this vital area of the law has been stymied and fraught with a number of procedural hurdles, some of which were laid bare in the recent CCJ’s ruling in the case of The Medical Council of Guyana v Jose OcampoTrueba, CCJ Appeal No. 2018/001, where the Honourable Court declared that prerogative remedies were no longer available in Guyana,” a statement from the Council details.The legal body further outlined that it had previously raised the matter of the implementation of the Act at a meeting with Attorney General and Minister of Legal Affairs, Basil Williams, S.C., during a July 22, 2017 meeting, and then again by way of letter dated November 15, 2017 requesting the urgent implementation of the Judicial Review Act.“The implementation of the Judicial Review Act is of vital importance to good public administration in a democratic society, allowing citizens ample remedies against the State, and levelling the playing field. The Bar Council looks forward to the speedy implementation of the Act,” the statement noted.The National Assembly had passed the Bill, and it was assent to by then President Bharrat Jagdeo in 2010. However, it was never operationalised.Last year, Attorney Anil Nandlall moved to the court to have the following issues addressed: 1. Whether the Minister had discretion to bring into force the Judicial Review Act after the promulgation of Civil Procedure Rules. 2. Whether the Minister had a duty to issue the order to bring into force the JRA. 3. Whether the Honourable Court can compel the Minister to fulfil his duty.In December 2017, Chief Justice George had granted an Order Rue Nisi of Mandamus, directing the AG to show cause why the said Order Nisi should not be made absolute.After reviewing all the affidavits files by both sides, and legal arguments, Chief Justice George on Monday made the Order Rule Nisi absolute, and directed the Legal Affairs Minister to bring the Judicial Review Act into force.The Court also ordered Williams to pay to the applicant $100,000 in costs.AG Williams has since indicated that the State would be appealing the High Court decision.last_img read more

first_imgKolkata: The organisers of a Durga Puja in east Kolkata’s Salt Lake area were divided on Sunday over inviting Union Home Minister and BJP national president Amit Shah to inaugurate it on October 1.The state BJP leadership confirmed that Shah will inaugurate the BJ Block Durga Puja during his two-day trip to Kolkata, even as secretary of the committee, Anindya Sinha Roy, on Sunday told reporters that they have no idea about the Union minister being invited. “The puja committee members were not informed about the Union Home minister coming here to inaugurate to the puja. The committee president might have invited him, but we have no information about it. We felt very insulted by this and when we confronted the president, he said he made a mistake by not telling us about it,” said Sinha Roy. Also Read – Bengal family worships Muslim girl as Goddess Durga in Kumari Puja He added they have no problem if the Union home minister comes to inaugurate the puja. “But, he is a leader of a political party and we don’t want our puja to get any political colour.” B J Block committee president Umashankar Ghosh Dastidar, on the other hand, told reporters on Sunday that Shah has agreed to inaugurate the Puja on Tuesday. “He is not coming here as the BJP national president, but as Union Home minister. He has every right to come here and inaugurate the puja. They are crying foul as the decision to invite Shah was taken in a meeting with them. The person, who is creating such confusion, is speaking on a behalf of a political party. But, we have no political affiliation as we invite all MP, MLAs and Councillors of this area to our puja. As the Union home minister is coming here this year, everything could not be discussed with all the members due to security reasons,” he said. Also Read – Bengal civic volunteer dies in road mishap on national highway Apart from Shah, Bidhannagar Mayor Krishna Chakraborty, TMC MLA and Minister Sujit Bose have also been invited. State BJP general secretary Sayantan Basu confirmed that Shah will inaugurate the puja. “The Union home minister is coming to inaugurate the Puja. He will come here at 7 pm Tuesday. Some people are trying to mislead the people about it,” Basu said. (with inputs from Indian Express)last_img read more