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IN THE SUPREME COURT OF MAURITIUS

In the matter of:


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2 qN jj j Harish Boodhoo, residing at Belle Terre,


9 | o | Phoenix.
2 SL M •S Applicant
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PQ 13^ S £
'•?T* *"T* QJ * J C/} v - V<
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^* c d^ ^ ^"e ^nie^ Executive of Municipal Council of Port Louis


B I "S -
3 ' •S Respondent
•* And iiir^he presence of :

The Commissioner of Police, Line Barracks,


Port-Louis.

Co -Respondent

I, Mr Harish Boodhoo, a journalist, residing at Belle Terre, Phoenix, holder of an


identity card bearing number B2307444417610

MAKE SOLEMN AFFIRMATION AS A HINDU AND SAY:

1. I am the applicant in the above matter and former deputy Prime


Minister of Republic of Mauritius, political leader since early eighties,
social worker, journalist and aggressive militant against all forms of
corruption applied to the Commissioner of Police for permission to
hold a public meeting at Edith Cavell Street in front of MSM office

Sun Trust Building ( See Annex A )on Friday 18th February 2011

from 4pm to 6pm.


2. According to section 3(4(c) of the Public Gathering Act, I am given to
understand that it is imperative that the authorisation of owners or
authorities in charge of the place be obtained for the Commissioner
of Police to consider my request to hold the said public meeting.
3. Accordingly, I also applied to the Municipal Council of Port Louis and
the Ministry of Public infrastructure to hold the public meeting at
Edith Cavell Street in front of MSM office Sun Trust Building and

the said road is known to be a no man's land. ( See Annex B and

£1

4. I, after more than 40 years of experience in organising different


types of public event I am fully aware that in order for an event to be
successful time is a great factor.

5. On the 7th February 2011, as no reply was forthcoming I again wrote


to the Municipal Council of Port Louis and the Ministry of Public
Infrastructure and also in order to be within the time constraint to
organise or to challenge any decision if ever the Commissioner of

Police refuses me permission to hold public meeting. ( see Annex

6. On the 9th February 2011, in the afternoon I received a fax from the
Chief Executive of the Municipal Council of Port Louis informing me
that my request to hold the public meeting in front of Edith Cavell
Street in front of MSM office Sun Trust Building on Friday 18th
February 2011 has not been acceded to without giving me any reason.

7. In the past meeting have been held before the Sun Trust Building
Port Louis and even demonstrations have been organised by other
political parties with the authorisation of the Commissioner of Police.
8. On the 10th February 2011, at about ISOOhrs, I received a letter from
the Commissioner of Police informing me that my request to hold a
public meeting in front of the AA5M office Sun Trust Building has not
been acceded because as per section 4(2) of the Public Gathering Act
the written authorisation of the person or authority owning, occupying
or administering the premises on which the meeting is to be held. (_/V/ v f ^*fv

9. I verily believe that in the absence of any reason given by the


Municipal Council of Port Louis that my constitutional rights are being
infringed and the rights of the citizen of Republic of Mauritius to be
informed of the scandal of Medpoint which is costing the citizen of
Republic of Mauritius millions of rupees and by the colourable devise
used to buy Medpoint, same is jeopardising the very reputation of the
Republic of Mauritius.

10. I further believe that in the absence of any reason given, I have
reason to fear after the series of incidents concerning posters to
publicise public meetings that there is a political collusion to halt the
democratic process or and stopping political opponents and
independent people from voicing their views.

11. I further believe that the struggle against corruption in order to


have a clean Mauritius, the best tools are transparency,
accountability, whistle blowers and public denunciation by all true
patriots.

12. I verily believe that it is a duty of the Municipal Council of Port Louis
to give permission to hold public meetings in the interests of
democracy, public interests, liberty and to uphold our international
image and the more so as the Municipal Council of Port Louis has given
permission in the post to hold public meetings in front of the Town

Hall not far from the Supreme Court and where access for fire
engines were blocked.

13. I have been given to understand that the reason advanced forward

for refusing the public meeting by the Mayor of City Council of Port
Louis is because of the Egyptian Embassy is located in or around the
Sun Trust Building but after inquiry by telephone (4681722), I was
made to understand that Egyptian Embassy has moved from Corner of
Hibiscus Way A Cocotiers More. Raff ray, Pointe aux Cannoniers to 6th
Floor, Nexteracom Tower 3 Ebene.

14. I aver that great injustice is being caused to me by preventing me


from proceeding with the said public gathering.

15. I aver that in the above circumstances, it is therefore urgent and


necessary that a SUMMONS to be issued by the Master and
Registrar of the above Court, calling upon the above named
Respondent and Co-Respondent to be and appear before a Honourable
Judge who may be sitting at Chambers on a day and hour to be fixed
in such summons to show if any, why the authorisation to use Edit
Cavell street for holding a public gathering and/or meeting scheduled
to the 18th day of February 2011 from 1600 hrs to 1800 hrs has not
been acceded to.
16. I therefore pray accordingly.

Solemnly affirmed by the above named ]


Deponent at Chambers, Supreme Court ]
House, Port-Louis, this..J.i.T?day of February ]

2011.

Drawn up by me, Before me,

l.S. Hurkoo
Chief Court Officer/Court Manager
Attorney at law
Supreme Court

This affidavit shall be filed in Court.

K Bokhoree

Attorney at law
Maitre K-»viraj BOKHOREE
Attornty-at-Luiv (Awue)
Suite 615
6th PI or, Cieriing House
Lislet Geoffny Stieet, Port Louis
Tel: 213-5034

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