A significant legal battle has emerged in Trinidad and Tobago as Denesh Maharaj, a Piarco resident, challenges the legality of his detention under the 2025 state of emergency regulations. Maharaj, who faces charges of firearm and ammunition possession, as well as marijuana trafficking, was detained by police and later subjected to a preventative detention order. His legal team, comprising Keron Ramkhalawan, Anwar Hosein, and Shalini Sankar, contends that his detention was unlawful and violated his constitutional rights to liberty and due process under Sections 4(a), 4(b), and 5(2)(h) of the Constitution. Maharaj seeks declarations that the order authorizing his extended detention was illegal, along with damages and costs. The case raises critical questions about the police’s authority to extend detention periods under emergency regulations, particularly beyond the 48-hour limit without proper oversight. Maharaj’s attorneys argue that his initial arrest was conducted under common law, not emergency powers, and that the subsequent use of emergency regulations to prolong his detention was unjustified. At a recent hearing, Justice Seepersad expressed concern over the absence of state representation and emphasized the need for proper attendance at future proceedings. The case has been adjourned to January 14, 2026, while a related constitutional challenge regarding the police’s power to extend detention periods remains pending a ruling from the Privy Council on the legality of the 2011 state of emergency regulations.
