Challenging constitutionality of cannabis: This matter will be heard on 6th March 2019

The matter will now be heard before the Presiding Magistrate of the District Court of Pamplemousses, Her Honour Mrs N Dauharry-Jeewa on 6th March 2019.  The debate has taken a constitutional dimension. The Presiding Magistrate will decide whether to refer the issue before the Supreme Court. Mr Pravesh Juggurnath has through his lawyer Me Sanjeev Teeluckdharry made a motion for such challenge in relation to 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, 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. Channel News has tried to obtain the views of Counsel Sanjeev Teeluckdharry, he said that: “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 also by 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 months 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 in September 2018.

It is to be remembered that exactly 20 years ago, on 16th 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. The defence team intends to call as witnesses forensic scientists, historians and scholars on the issue including Me Rama Valayden, former Attorney General. Lawyers of the Human Rights Association will also form part of the legal panel of the Defence as tribute to the late philosopher-singer Kaya.