San Fernando businessman queries legality of SoE regulations

A San Fernando businessman has filed a constitutional claim in the High Court challenging emergency powers regulations that allow police to extend the detention of detainees.

The matter, brought by Mozam Edoo as a concerned citizen, is set for hearing before Justice Frank Seepersad on October 8.

Edoo, represented by attorneys Sunil Gopaul-Gosine and Vishan Gopaul-Gosine, argues that regulation 13(3) of the Emergency Powers Regulations 2025 is in conflict with constitutional protections under sections 4(b), 5(2)(c)(iii) and 5(2)(e).

The regulation allows a magistrate or a police officer above the rank of assistant superintendent to order detention beyond 48 hours and up to seven days.

His claim seeks a declaration that the measure unlawfully gives judicial authority to the police and is not reasonably justifiable for addressing the public emergency. He has also asked the court to order that regulation 13 be amended to remove police powers to extend detention.

The state of emergency was declared by the President on July 18, and extended by Parliament for three months on July 28. Regulations issued by the President set out the framework for detention of persons suspected of endangering public safety or order, or of committing offences under the emergency powers.

Edoo’s claim noted that similar provisions existed during states of emergency in 1990, 2011 and 2024. He said the powers given to the police infringe on the constitutional right to a fair hearing and undermine the role of magistrates.

“The claimant has reason to believe that in the future any state of public emergency declared on the grounds of public safety would have a provision similar to regulation 13(3), so it is necessary to determine the constitutionality of this regulation,” the claim stated.

The claim also argued that allowing police both to arrest and decide on extended detention creates an appearance of bias and breaches principles of natural justice. It added that there is no need to grant the police such enhanced powers when magistrates already hold lawful authority to make those determinations.

Edoo’s filings said a pre-action protocol letter was sent to the Attorney General on September 5, but no response was received. The claim was filed on September 30.