Legal challenge to SoE regulation | Additional news

PRESIDENT Christine Kangaloo and the Attorney General’s Office have been given until 4pm on Monday to make certain changes to the Emergency Powers Regulations 2024 or face legal action in the High Court.

Parts of the regulation are unconstitutional as they give police officers and members of the defense forces the power to arrest citizens and detain them for long periods for trivial reasons.

This was stated by lawyers Kiel Taklalsingh, Kerron Ramkhalwhan and Anwar Hosein in a pre-action protocol letter published on January 1.

The lawyers represent Vishal Persad, a blogger and social activist, who claims that some of the fundamental constitutional rights of citizens can be violated based on the regulation as it currently exists.

While the lawyers made clear their client was in no way opposed to the declaration of a state of emergency (SoE), they said he was concerned about the expanded powers of the police and military .

Persad’s main concern is the use of the words “public order” which he says are not clearly defined in the Regulations.

The lawyers pointed out that on Monday, when Acting Attorney General Stuart Young and National Security Minister Fitzgerald Hinds formally announced the SoE declaration, it was specifically stated that

The goal of the SoE was to address individuals who pose a threat to public safety, particularly those involved in criminal activity and the illegal use of firearms.

However, when it comes to Regulations 12, 14 and 2 of the Schedule which deal with public order, lawyers said citizens can be arrested simply for expressing their views against the government or the executive.

THE FULL STORY WILL BE PUBLISHED IN THE FRIDAY EDITION OF THE EXPRESS.