Judge Durai Karunakaran’s case |27 June 2018

Constitutional Court dismisses Judge Karunakaran’s case against CAA

The Constitutional Court has dismissed the case brought forward by suspended Judge Durai Karunakaran against the Constitutional Appointment Authority.

Judge Karunakaran had filed a case against the Constitutional Appointment Authority (CAA), arguing that it did not get a chance to be heard after he was suspended on October 10, 2016 by former President James Michel on the advice of CAA and that he had been denied a fair trial by the tribunal appointed by the CAA.

Giving their reasons to dismiss Judge Karunakaran’s request, the three judges who heard the case yesterday – Justice Gustave Dodin, Melchior Vidot and Laura Pillay – said the CAA had no legal obligation to allow Judge Karunakaran to be heard.

Judge Karunakaran was suspended as a result of a CAA decision to refer him to a tribunal of inquiry to investigate his professional conduct.

According to Article 134 of the Seychelles Constitution, a justice of appeal or judge may be removed from office only for inability to perform the functions of the office, whether arising from infirmity of body or mind, or from any other cause and for misbehaviour.

Still according to the article, the suspension may on the advice of the CAA be revoked at any time by the president of Seychelles.

The CAA is the body that recommends the appointment of constitutionals posts including that of judges to the president.