In its defense, the State emphasizes that the deadline for contesting the regulations relating to the re-registration of SIM cards has expired. It also calls into question arguments presented by the plaintiffs.
The State presented a series of arguments in response to the constitutional complaint filed by lawyer Rama Valayden and Linion Moris member Ivor Tan Yan on Monday, May 27, 2024, before Acting Chief Justice Nirmala Devat. The latter are contesting the new regulations which require SIM card holders to re-register.
In its defense, presented by Mr. Rasmi Camiah, Chief State Attorney, the State requests the dismissal of the constitutional complaint. In the document presented to the Court, it is pointed out that the deadline for contesting the regulations relating to the re-registration of SIM cards has expired, given that more than three months have passed since the entry into force of Information and Communication Technologies (Registration of SIM) Regulations 2023. Furthermore, the State emphasizes that “no valid justification” was provided to explain this delay.
The document also mentions that certain “offenses” alleged by the plaintiffs, according to article 17 of the International Covenant on Civil and Political Rights, and article 8 of the European Convention on Human Rights, cannot be invoked directly to the Supreme Court. The state says the plaintiffs do not have “standing to challenge” the regulations in their entirety unless they can demonstrate that they “are not citizens” of the country or that they are “tourists.”
In addition, the Chief State Attorney recalls that attorney Pazhany Rangasamy also filed a constitutional complaint against these regulations. She adds that a press release dated April 19, 2024 from the Information and Communication Technologies Authority (Icta) announced that no SIM card would be deactivated before the Supreme Court rules on Pazhany Rangasamy's complaint.
The case involving Rama Valayden and Ivor Tan Yan will now be heard on June 10, 2024. They are represented by Messrs Sanjeev Teeluckdharry and Vassen Atmarow, solicitor.
