Malani’s application for a judicial review on DPP’s decision not to charge Aiyaz Sayed-Khaiyum dismissed and struck out

Veronica Malani’s application for leave to apply for a judicial review of the Director of Public Prosecutions decision to not lay charges on the Attorney General, Aiyaz Sayed-Khaiyum in January this year has been dismissed and struck out by the Chief Justice, Kamal Kumar.

Chief Justice Kumar has also ordered Malani to pay the Director of Public Prosecutions $5,000 as cost of this proceeding.

The DPP, Christopher Pryde had decided that no charges will be laid against Sayed-Khaiyum, after Malani alleged that he was involved in two bombing incidents in 1987.

Pryde had said that there was insufficient credible or reliable evidence to support any criminal charges being laid against the Attorney General.

In his judgment, Justice Kumar said the DPP's decision to not institute criminal proceedings against the Attorney General on Malani’s complaint was not in excess of the DPP's constitutional and statutory authority and the DPP did not act under the direction or control of any other person or authority.

He says the DPP did not act in bad faith in holding that there was insufficient credible evidence or reliable evidence to support any criminal charges against the Attorney General.

Chief Justice Kumar further says Malani has failed to produce any evidence to prove that the DPP was biased in coming to the decision to not institute criminal proceedings against the Attorney General, and the claim for bias was based on mere assertions, suspicion and speculation.

He has ruled that Malani’s application for leave to apply for judicial review is frivolous, vexatious and an abuse of the court process on the ground that all the allegations are based on mere assertions, suspicion and speculation.

Chief Justice Kumar then said the court cannot order and no such order is sought for the DPP or Police to institute criminal proceedings on Malani’s complaint and to do so will fracture the doctrine of separation of power and the court will end up usurping the constitutional power or discretion of an independent department.