The debate has now taken a constitutional dimension. Yesterday before the District Court of Pamplemousses, Mr Pravesh Juggurnath has through his lawyer Me Sanjeev Teeluckdharry asked Her Honour Mrs Ashwina Jalloo to consider the constitutionality of the offence of possession of cannabis for medicinal and therapeutic use and he also asked that this issue be referred to the Full Bench of the Supreme Court. Mr Pravesh Juggurnath who was arrested on 21 Dec in connection of 3 cannabis plants have told the police that he intended to use same for medicinal purpose. He is of the view that criminalisation of cannabis for personal medical use in private is incompatible with his fundamental rights enshrined in the Bills of Rights in the Constitution. The matter will be debated on 7th Feb 2019.
Channel News has tried to obtain the views of Counsel Sanjeev Teeluckdharry, He explained in details :”the debate is purely on legal and constitutional issues and it is now high-time for action as a lot had already been said by human rights activists and other social organisations over the past two decades, by persons of all class of life, including Rama Valayden, Jack Bizlall, Jameel Peerally and great artists including the late philosopher-singer Kaya. It is interesting to note that many countries including Australia, Canada, Switzerland have decriminalised the use of cannabis for personal and medicinal purpose in private. Thailand’ s Parliament did so two days ago, on Christmas Day.
In many other countries the Courts took the view that criminalisation of marijuana is contrary to the fundamental rights of the individual, amongst the Constitutional Court of South Africa , two months ago. It is to be remembered that 20 years ago, in february 1999 the late seggae singer Kaya launched the battle cry for depenalisation of cannabis for personal consumption during a musical concert. Twenty years later, the battle for civil liberties will now be fought in the Courts. Channel News have obtained a copy of the constitutional challenge which is based on six limbs:
