In support of his Notice of Motion and Application, Mr. Viral Dhanjee moving this Court for Judge Burhan, one of the three Presiding Judges to recuse himself from the case for reasons set out in the Affidavit.
Amesbury Learned Counsel for the Petitioner filed a Motion dated 13 th May 2014 supported by the Affidavit of the Applicant Mr. The Applicant being dissatisfied with the fact that the 1 st Respondent in the case challenging the POA was the same as the one that had been made 1 st Respondent in the case against Judge Burhan so he decided to ask Judge Burhan to recuse himself. The Applicant stated that he had prior to that learnt that Judge Burhan’s re-appointment and grant of citizenship by the 1 st Respondent was the subject of a constitutional challenge. Judge Mohan Niranjit Burhan (hereinafter Judge Burhan). The case was placed before this Bench including Hon.
The Applicant had filed a case against the Respondents challenging the constitutional and legal validity of the Public Order Act 2013 (POA). The 4 th Respondent is the Attorney-General of the Republic of Seychelles. The 3 rd Respondent represents the Government of Seychelles and from time to time initiates Bills in the National Assembly which may or may not be enacted into laws after Presidential Assent and publication in the Official Gazette. The 2 nd Respondent is the Speaker of the National Assembly of the Republic of Seychelles who swore an Oath of Allegiance to the Constitution and took the Official Oath. The 1 st Respondent is the elected President of the Republic of Seychelles who took the Presidential Oath of Office on 28 th May, 2011. As a citizen of Seychelles the Petitioner entered this Petition pursuant to Articles 46(1) and 130 (1) of the Constitution of Seychelles.
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