Attorney General of Trinidad and Tobago (Respondent) v Vijay Maharaj Substituted on behalf of the Estate of Satnarayan Maharaj for Satnarayan Maharaj and another (Trinidad and Tobago)

Case summary

Case ID

JCPC/2021/0099

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Vijay Maharaj

Central Broadcasting Services Ltd

Respondent(s)

Attorney General of Trinidad and Tobago

Issue

Whether the law of sedition in Trinidad and Tobago imposes disproportionate and unjustified restrictions on, inter alia, free speech, including freedom of thought and expression and the freedom to express political views, so as to render it unconstitutional - what amounts to "an existing law" in the general savings clause in section 6(1) of the Constitution of Trinidad and Tobago.

Facts

Satnarayan Maharaj (“Mr Maharaj”) was a well-known person in public life in Trinidad and Tobago. He hosted a ‘call-in’ talk-show called “The Maha Sabha Strikes Back”. This talk-show, which was broadcast by the Second Appellant (a company incorporated under the Laws of Trinidad and Tobago), consisted of Mr Maharaj offering commentary and callers expressing opinions on various issues affecting society in Trinidad and Tobago. On 9 April 2019, Mr Maharaj made certain statements on his talk-show which attracted the censure of the Telecommunications Authority of Trinidad and Tobago. On 18 April 2019 and 13 June 2019, the police carried out a search at premises owned by the Second Appellant seeking evidence in relation to a suspected offence against the Sedition Act. Fearing he would be charged, prosecuted and convicted of a criminal offence, Mr Maharaj and the Second Appellant filed an originating motion challenging the lawfulness and constitutionality of sections 3, 4 and 13 of the Sedition Act. In any event, no charges were laid against either Mr Maharaj or the Second Appellant in respect of the statements made by Mr Maharaj on 9 April 2019. Seepersad J upheld the Appellants’ claims concerning the unlawfulness of sections 3 and 4 of the Sedition Act. The Court of Appeal unanimously allowed the Respondent’s appeal against the judge’s declarations in respect of unlawfulness. Final leave to appeal to the Judicial Committee of the Privy Council was granted to the Appellants on 13 September 2021.

Date of issue

9 November 2021

Judgment details

Judgment date

12 October 2023

Neutral citation

[2023] UKPC 36

Judgment links

Appeal

Justices

Lord Lloyd-Jones

Lord Sales

Lord Stephens

Lord Richards

Sir Rabinder Singh

Hearing dates

Start date

20 June 2023

End date

20 June 2023

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