IN THE SUPREME COURT OF MAURITIUS

(Before the Honourable Judge sitting in Chambers)

In the matter of: -

Parsooramen CHELLUN, also known as Jayen CHELLUM, the spokesperson for Plateforme
Pou Baisse Prix Lessence et Diesel, of 248 Bambous Road, Ebene
Applicant

v.

The Commissioner of Police, service is to be effected at Police Headquarters, Line Barracks,

Port Louis

Responde
nt

I, Parsooramen CHELLUN (also known as Jayen CHELLUM), a General Secretary, of 248

Bambous Road, Ebene, holder of National Identity Card No. C090549011291B

MAKE SOLEMN AFFIRMATION AS A HINDU AND SAY THAT: -

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.

6. On 1st August 2018, on behalf of PPBPED, I wrote to the Respondent seeking

authorisation to hold two rallies, i.e., one from Ebene to Port Louis and the other from
Pamplemousses to Port Louis, on 11th August 2018. The two rallies will converge into
one at Champ de Mars where members of PPBPED will address the audience in the
gathering. Both rallies will start at around 10.00 a.m. A copy of the written notice is
herewith annexed and marked as Annex 2.
7. By letter dated 2nd August 2018, the Respondent informed me of his decision to
prohibit PPBPED from holding the two rallies on the alleged ground that “there is
reasonable belief that same will cause disruption of the life of the community”. A copy
of the written notice is herewith annexed and marked as Annex 3.

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.

13. In the light of the above, it is urgent and necessary that: -

A. an Order be issued by the Honourable Judge sitting in Chambers allowing the

holding of the two rallies, i.e., one from Ebene to Port Louis and the other
from Pamplemousses to Port Louis, on 11 th August 2018 as from 10 00 hours
or on any such other date and time as may be determined by the Honourable
Judge sitting in Chambers;

B. in the alternative, for a summons to issue calling upon the Respondent to be

and appear before the Honourable Judge sitting in Chambers to show cause,
if any, why an Order allowing the holding of the two rallies, i.e., one from
Ebene to Port Louis and the other from Pamplemousses to Port Louis, on 11 th
August 2018 as from 10 00 hours or on any such other date and time as may
be determined by the Honourable Judge sitting in Chambers should not be
made; and

C. for any other Orders as the Honourable Judge sitting in Chambers may deem
fit and appropriate.

14. I pray accordingly.

Solemnly by the abovenamed deponent ]
At Chambers, Supreme Court House ]
Port Louis, this day of August 2018 ]

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)

In the matter of: -

Parsooramen CHELLUN, also known as Jayen CHELLUM, the spokesperson for Plateforme
Pou Baisse Prix Lessence et Diesel, of 248 Bambous Road, Ebene
Applicant

v.

The Commissioner of Police, service is to be effected at Police Headquarters, Line Barracks,

Port Louis
Responde
nt

APPLICATION MADE UNDER SECTION 4(4) OF THE PUBLIC GATHERING ACT 1991

PROECIPE

For: -

A. an Order be issued by the Honourable Judge sitting in Chambers allowing the

holding of two rallies, i.e., one from Ebene to Port Louis and the other from
Pamplemousses to Port Louis, on 11th August 2018 as from 10 00 hours or on
any such other date and time as may be determined by the Honourable
Judge sitting in Chambers;

B. in the alternative, a summons to issue calling upon the Respondent to be and

appear before the Honourable Judge sitting in Chambers to show cause, if
any, why an Order allowing the holding of the two rallies, i.e., one from Ebene
to Port Louis and the other from Pamplemousses to Port Louis, on 11 th August
2018 as from 10 00 hours or on any such other date and time as may be
determined by the Honourable Judge sitting in Chambers should not be
made; and

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.

Under all legal reservations

Dated at Port Louis this day of August 2018

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