On the 22nd June, 2022, Firearms dealer, Towfeek Ali, submitted two applications to the Commissioner of Police (“COP”) for the issuance of Import Permit applications with respect to certain quantities and calibres of ammunition. The said applications laid in abayance for some time without decision by the COP.
Consequently, on the 8th February, 2023, Mr. Ali, along with firearms dealership, The Firearms Training Institute Limited, (“Claimants”) applied to the Court for leave to make a judicial review claim against the COP arising out of her failure to make a decision on Mr. Ali’s import permit applications. The Claimants sought, inter alia, an order compelling the COP to make a decision on the said application and damages arising out of the said failure.
The Honourable Mr. Justice Kevin Ramcharan granted leave to make the judicial review claim on the 1st March, 2023, and the Claimants issued their Fixed Date Claim Form on the 14th March, 2023.
On the 6th November, 2023, the Honourable Presiding Judge delivered his decision. The Learned Judge held that the continuing failure of the COP to make a decision on the Claimants’ import permit applications was unlawful on the basis of unreasonable and inordinate delay. Accordingly, Ramcharan J granted an order of mandamus compelling the COP to render a decision on the said applications within 28 days of the judgment. Ramcharan J made no order for damages.
The Claimants were represented by Anand Beharrylal KC, Kiel Taklalsingh and Asif Hosein-Shah as instructed by Nyree Alfonso.
UPDATE:
On the 16th July, 2024, the Court of Appeal (the Honourable Justices of Appeal Mohammed, Rajkumar and Boodoosingh) allowed the appeal of the COP against the ruling of the High Court. On the 27th September, 2024, the Court of Appeal granted leave to the Claimants to appeal the Appeal Court’s decision to the Judicial Committee of the Privy Council.
Useful Links:
- Written Decision of the Hon Mr. Justice Kevin Ramcharan delivered on the 6 November, 2023.
- Article published on 17 November, 2023, by the Trinidad and Tobago Guardian, “Firearms dealer wins case against CoP.”
- Article published on 20 November, 2023, by the Trinidad and Tobago Newsday, “Guns, ammo chokepoint.”
- Written Decision of the Hon. Mr. Justice of Appeal Rajkumar delivered on behalf of the Court of Appeal on the 16 July, 2024.
