Police want more time in firearm-import permit lawsuit

The police have until May 1 to file responses to a judicial review challenge by firearms dealer Towfeek Ali over the police commissioner’s failure to decide on two applications for firearm import permits – or they will not be able to file any evidence in the case.

Justice Kevin Ramcharan gave this order on Wednesday when attorneys for the State asked for additional time to put in its reasons for a delay in making a decision on whether or not to grant the permits.

The State’s response is due on April 26.

However, its attorney Coreen Findley said the attorney assigned to the matter had a family emergency and had to take leave from work. She said the State has not yet received formal instructions from the police commissioner and asked for May 12, by which to do so.

However, Ali’s lead attorney Anand Beharrylal, KC, complained that the application for the permits was filed on June 28, 2022, and the State is not asking for directions without any explanation of the delay.

He said the order that there has been an unreasonable delay in deciding on the permit applications, which his client is asking for, should be granted. But Justice Ramcharan declined to do so.

Instead, he said he would allow the State to put in its evidence as well as a clear explanation on why it should be given more time. “It may be when we get the evidence, there may be no merit in their position.”

Ramcharan told Beharrylal when the time came, if he wanted to renew his application, he was free to do so.

The matter was adjourned to May 18.

Ramcharan previously granted Ali leave to pursue his judicial review claim for a declaration that the commissioner’s continuing failure to make a decision on his 2022 applications is unlawful.

Ali is also seeking an order for the court to direct the commissioner to make the decision within seven days of a ruling on his claim, and pay damages for losses he continues to incur by his inability to sell the goods.

Ali applied for permits to import three million rounds of assorted ammunition.

His dealership, Firearms Training Institute, sells firearms and ammunition to the police, defence force, security companies, the prison, owners of gun ranges and people holding firearms users licences.

Ali contends the commissioner has acted with unreasonable delay, as the process of obtaining an import permit usually takes a month or two.

He is also represented by his wife, attorney Nyree Alfonso, Kiel Taklalsingh and Asif Hosein-Shah.

In separate proceedings, Ali is also challenging the police’s inability to account for 500 rounds of nine-millimetre ammunition seized from his dealership in October 2022 as part of an alleged audit.