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The former Director of Public Prosecutions (DPP), Mr Satyajit Boolell, Senior Counsel, has filed a complaint before the Supreme Court to declare the Financial Crimes Commission (FCC) Act “unconstitutional”. According to Me Satyajit Boolell, this law contravenes articles 1, 3 and 10 of the Constitution, because it allows the FCC to initiate proceedings without the prior consent of the DPP. It highlights the risks of political interference and the loss of procedural guarantees in judicial cases.

Alternatively, he requests that the FCC obtain the approval of the DPP before deciding on prosecutions, particularly for investigations initiated by the Independent Commission Against Corruption (Icac), as was the case under the Prevention of Corruption Act (POCA ), repealed with the entry into force of the FCC Act. His complaint targets the state, with the Attorney General named as a co-defendant. The FCC is also listed as an “interested party.”

The matter was called on Monday, June 24, 2024 before the Chief Justice, Bibi Rehana Mungly-Gulbul. Me Satyajit Boolell is represented by Mes Sanjay Bhuckory, Senior Counsel, Vimalen Reddi and Vijay Kumar Dwarka, Senior Attorney. The case was postponed until July 8, 2024, to allow the parties concerned to take a position.

In his complaint, the former DPP emphasizes that he was summoned by ICAC on July 13, 2015 in connection with the “Sun Tan” affair. He suspects improper motives to remove him from office at the time. He recalls that he held the position of DPP from 2009 to 2022 and that he had obtained an injunction to stop the investigation by the anti-corruption commission.

In 2023, the FCC replaced the ICAC with the entry into force of the FCC Act. The former DPP fears “political influences” due to the mode of
“political appointment” of the FCC CEO. In addition, ICAC's ongoing investigations, now under the responsibility of the FCC, would no longer benefit from the previous POCA guarantees.

According to the former DPP, the FCC Act violates Articles 1, 3 and 10 of the Constitution by removing the independent review of the case by the DPP. He calls for sections 142 and 168(2) of the FCC Act to be declared unconstitutional.

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