The separation of powers and the rule of law are often seen as interdependent doctrines that together provide the foundation of good constitutional government, that is, one based on limiting state power and protecting individual rights.

Following the judgment of the District Court of Port Louis in the case of Police v K.V. Soni CN: 7263/2025 an extract of which can be read in the link below, Mr K.V Soni was assisted by Attorney Zinnat Nawoor Meera Saib instructing Counsel Koomaren Ramasamy in an Application made under Article 806 of the Code de Procedure Civile, before the Honourable Judge In Chambers sitting as “Juge des Référés” on 14th July 2025 in the matter of:

Mr KRUNALKUMAR VINODCHANDRA SONI (APPLICANT)

V/S

1. THE DIRECTOR GENERAL IMMIGRATION SERVICES
2. THE COMMISSIONER OF POLICE (RESPONDENTS)

The Applicant applied for a mandatory order ordering the Respondent No.1 to:

a)    Reinstate the 52 days lost from his visa due to wrongful detention.

b)    Amend his visa records to reflect an extended end date.

c)    Issue documentation confirming this extension and his lawful status.

d) Remit his passport

e) Remit his phone

f)    Make any other orders that the Court deems just and appropriate in the present circumstances.

The Honourable Judge in Chambers gave a mandatory order as follows:

“IT IS HEREBY ORDERED THAT RESPONDENT NO.1 DO;

(a) Reinstate 52 days lost from the Applicant’s visa due to wrongful detention

(b) Amend the Applicant Visa records to reflect an extended date

(c) Issue documentation confirming this extension and the Applicant’s lawful status;

(d) Remit back to the Applicant his passport bearing No. XXXXXXX

(e) Remit back to the Applicant his phone, of Make xxxxxx”

“IT IS ALSO ORDERED THAT THE RESPONDENTS DO appear before Her Ladyship, 25 July 2025 at 09.30 a.m. in Court Room No.24 to show cause, if at all necessary, why the Mandatory Order made should be varied or amended in any way.”

In view of delays for compliance with the above order, the Applicant through Attorney requested the intervention of the Honourable Judge in Chambers anew on 16th July 2025 and the matter was preponed to 17th July 2025.

Thankfully, the above order was finally complied with, in a massive win for the principles of the Rule of Law and Separation of Powers!

It is here appropriate to quote Lord Chief Justice of England and Wales, the Rt Hon Lord Bingham of Cornhill, in his lecture, “The Rule of Law”, given at Cambridge University, on 16 November 2006, in honour of Sir David Williams:

“There has been much debate whether the rule of law can exist without democracy. Some have argued that it can. But it seems to me that the rule of law does depend on an unspoken but fundamental bargain between the individual and the state, the governed and the governor, by which both sacrifice a measure of the freedom and power which they would otherwise enjoy. … (T)his conclusion is reassuring to all of us who, in any capacity, devote our professional lives to the service of the law. For it means that we are not, as we are sometimes seen, mere custodians of a body of arid prescriptive rules but are, with others, the guardians of an all but sacred flame which animates and enlightens the society in which we live.”

Link to an extract of the Judgment of the District Court of Port Louis: https://www.linkedin.com/pulse/mr-koomaren-ramasamy-successfully-appeared-accused-case-ramasamy-pyy5f/?lipi=urn%3Ali%3Apage%3Ad_flagship3_publishing_published%3B8y2hfWN5QFKiTBGk2%2BEnYg%3D%3D