In a significant legal development, Justice Frank Seepersad of the High Court has suspended proceedings in a constitutional challenge against the Emergency Powers Regulations, 2025, awaiting a ruling from the Privy Council on a related case. The decision, delivered on October 16, highlights the judge’s concerns over the extension of detention powers to police officers, which he deemed “inherently inconsistent and wholly unnecessary.” However, Justice Seepersad acknowledged that his hands were tied by a prior Court of Appeal decision upholding the constitutionality of a similar provision under the 2011 regulations. The current case, brought by Mozam Edoo, challenges Regulation 13(3), arguing that it violates the separation of powers by granting police officers, as members of the executive, the authority to perform judicial functions. Justice Seepersad emphasized the importance of the matter, warning against administrative inefficiencies within the state’s civil law department and expressing alarm over the state’s previous non-appearance in court. He stressed that the court would not tolerate delays in cases concerning citizens’ rights. The judge also noted that the issue should not be left unresolved until the end of the current state of emergency, declared on July 18 and extended by parliament for three months, as it would render the matter “academic.” The case will remain in abeyance until the Privy Council delivers its ruling.
Judge stays lawsuit on SoE regulations on police detention powers
