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Parsooramen CHELLUN, also known as Jayen CHELLUM, the spokesperson for Plateforme
Pou Baisse Prix Lessence et Diesel, of 248 Bambous Road, Ebene
Applicant
v.
Responde
nt
1. I am the Applicant in the present matter. I am the spokesperson for Plateforme Pou
Baisse Prix Lessence et Diesel (hereinafter referred to as “PPBPED”).
2. PPBPED has been set up in … to contest the increase in the price of petroleum
product that occurred on 16th May 2018.
3. The Respondent is vested with the power to authorise, forbid or restrict the holding of
a public gathering.
4. PPBPED has influenced public opinion through media action and protests. As a
result of one such protest, the Government has decreased the increase of the price
of gasoline and diesel by 50%.
5. PPBPED has decided to proceed with further protest actions because of the heavy
tax of 135% on the petroleum products. PPBPED wants the public to participate in
those protests as the issue is of national importance to all vehicle owners and users
in Mauritius.
8. I aver that the decision of the Respondent is oppressive, unfair and unreasonable
inasmuch as the Respondent has failed to duly advert his mind to possible conditions
which could have been imposed on the holding of such rallies but proceeded outright
to prohibit them.
9. I aver that had the Respondent imposed certain reasonable conditions, PPBPED
would have abided by same.
10. I aver that PPBPED intends to hold peaceful protests to demand the Government to
ease the petroleum tax burden on vehicle owners and users and the police has a
duty to provide protection and assistance for such peaceful protests.
11. I aver that such protests are within the permissible limit of a democratic country like
Mauritius.
12. I am advised and verily believe that by prohibiting PPBPED from holding the two
rallies, the Respondent is hindering the fundamental rights of freedom of assembly
and the freedom to opinions, to receive and impart ideas and information without
interference.
C. for any other Orders as the Honourable Judge sitting in Chambers may deem
fit and appropriate.
Drawn up by me Before me
M. Mardemootoo S.A
Attorney-at-Law Supreme Court
I certify that this affidavit forms part of an application to be lodged before the Honourable
Judge sitting in Chambers.
M. Mardemootoo S.A
Attorney-at-Law
IN THE SUPREME COURT OF MAURITIUS
(Before the Honourable Judge sitting in Chambers)
Parsooramen CHELLUN, also known as Jayen CHELLUM, the spokesperson for Plateforme
Pou Baisse Prix Lessence et Diesel, of 248 Bambous Road, Ebene
Applicant
v.
APPLICATION MADE UNDER SECTION 4(4) OF THE PUBLIC GATHERING ACT 1991
PROECIPE
For: -
C. for any other Orders as the Honourable Judge sitting in Chambers may deem
fit and appropriate.
And this for the reasons fully set forth in the hereto annexed affidavit. With costs.
M. MARDEMOOTOO S.A
Of 3rd Floor, Les Jamalacs Building, Vieux Conseil Street, Port Louis
ATTORNEY FOR DEFENDANT INSTRUCTING R. VALAYDEN TOGETHER WITH K.
PERTAB OF COUNSEL