CASE OF ASHOCK JUGNAUTH - JUDGE PAUL LAM SHANG LEEN MUST RESIGN

Politicians make and fulfill electoral promises for the benefit of their electorate, and this cannot be regarded as « buying votes » through « money or any other valuable considerations ».

Based on the Doctrine of Separation of Powers, politicians are not supposed to interfere with the courts, and the courts are not supposed to interfere in politics either. By declaring the democratic election of Ashock Jugnauth in Circonscription No.8 in 2005 at Moka/Quartier-Militaire null and void because of alleged corruption based on alleged false electoral promises made by Ashock Jugnauth and his MSM party, Judges Paul Lam Shang Leen and Bushan Domah are practicing politics more than law.

In general, voters always decide how to cast their votes at elections after considering what benefits they will gain from the candidates they will vote for. In politics, in order to attract votes, candidates and their respective parties may promise a cut in the basic rate of income tax or corporation tax. Nurses may be promised an increase in their salaries. Constituents may be promised better roads and services. The press may be guaranteed freedom of reporting, and people may be guaranteed freedom to practice their religions freely and live it to the full both in private and in public. People may be promised the creation of more jobs and other improvements in their lives. This is how the politics of democracy works. Judges should not interfere in such politics.

Ashock Jugnauth was an MSM/MMM Alliance candidate at Moka/Quartier Militaire in the 2005 general elections, and Raj Ringadoo was the candidate for the Social Alliance. Even though the Social Alliance formed the government after winning the 2005 general elections, Raj Ringadoo lost to Ashock Jugnauth in No.8 and the latter formed part of the opposition. During the electoral campaign, Ashock Jugnauth promised the Muslim community of Moka/Quartier Militaire a cemetery. At elections, it is quite normal for people to tell candidates that they would be prepared to vote a certain way if their demands are met when the candidates form the next government. It has also been established that certain recruitments were made in hospitals a few days before the elections when Ashock Jugnauth was Minister for Health. The validity of those posts were never questioned, and no one has been dismissed.

The Judges Lam Shang Leen and Domah found that both the promise of a cemetery for Muslims and the recruitments in hospitals amounted to corruption in securing votes. If this is the case, then all electoral promises made in all democratic countries to secure votes should, according to them, be corruption as well and all elections should be declared null and void. When the judges said « " a candidate will fall foul of the law when he is involved in buying votes i. e. exchange vote for money or any other valuable considerations instead of using cogent arguments to influence the voters. There must be an element of bargaining and the corrupt motive will stand so obviously from the facts », they clearly erred in law as their reasoning is deeply flawed and undermines the very pillar upon which democratic elections are fought. Arguments are not the only instrument used to obtain votes. Politicians make and fulfil electoral promises for the benefit of their electorate, and this cannot be regarded as « buying votes » through « money or any other valuable considerations » as the Judges allege.

Ashock Jugnauth is right to make known his intention to appeal to the Judicial Committee of the Privy Council in London with the view to gain justice and overturn such a glaringly unjust and unfair judgment. Mr Jugnauth is lucky that he has the financial means to go to the Privy Council. But there are many Mauritians who cannot afford this in the face of similarly wrong and twisted decisions rendered by, especially, Judge Paul Lam Shang Leen. Let us consider another of his equally unjust and unfair judgement.

The Azaan Case
This is a case brought by an non-Muslim, Gavin Glover, against the Municipality of Quatre Bornes to restrain a masjid in Quatre Bornes from using loudspeakers for the purposes of the Azaan, the call to prayer to Muslims. Paul Lam Shang Leen is of opinion that Azaan through loudspeakers is unlawful and amounts to noise pollution. The call to prayer, which is a prayer in itself, to Muslims is a fundamental right for Muslims and has been practised in Mauritius for decades. In modern times, loudspeakers have always been used. Lam Shang Leen is a non-Muslim and he decides that such a call is not necessary to be made through loudspeakers which use is unlawful. The use of speakers has never been unlawful, but the abuse of its use may be unlawful. The judge distorts the facts and decides that the sound of the call to prayer is noise pollution but does not refer to any expert report as what amounts to noise pollution. The sound of Church bells cannot be regarded as a noise, but this case concerns Muslims but not the Judge’s Christian brethrens and makes it easier for him to decide against Muslims and their religion.

The Azaan is not intended only to the people present at the mosque, but also to Muslims in the surrounding community. By unjustly and unfairly deciding against the giving of Azaan through loudspeakers, Lam Shang Leen is trying to defeat the very purpose of Azaan and stabs each and every Muslim through the heart.
By such a biased and prejudiced judgment, Lam Shang Leen demonstrates his vitriolic disposition against Muslims and Islam. It is not up to him to decide how Muslims should practice their religion which has existed for centuries. Muslims are very passionate about their religion and the judge did not refer to any Islamic expert on the issue either.

Paul Lam Shang Leen must resign
On the one hand, Lam Shang Leen does not want Muslims to give Azaan via loudspeakers, and on the other he does not want Muslims to have a cemetery in Moka/Quartier Militaire in order to bury their dead, because this electoral promise, according to his biased and warped interpretation, is corruption. Even though, in the latter case, Judge Bushan Domah concurred, there is no doubt in people’s mind that Paul Lam Shang Leen is the mastermind behind this revolting judgement against Ashock Jugnauth, and against his electoral promise for a Muslim cemetery. The mercenary judge, referred to as “ZORRO” in legal circles, also tarnished the character and image of Mr Jugnauth and his MSM/MMM Alliance because his electoral promise was also approved by Cabinet decision. The Privy Council will reverse ‘Lam Shang Leen & Co’. People wonder what Lam Shang Leen would have decided if the electoral promise was for the construction of a casino for the Chinese mafia? He most probably would have said that he could not interfere in politics.

In the Azaan case, would he have preferred Chinese firecrackers instead? The Municipality of Quatre Bornes is right to appeal against such a nonsensical judgement against the use of loudspeakers. But the problem is that the appeal will be heard by judges who also sit in ordinary, reluctant to overturn decisions of their colleagues, and justice is not evident even on appeal. Ultimate expensive appeal to the Privy Council may be the only realistic option, unless the government passes relevant laws to protect the use of loudspeakers for religious purposes. Given his overt racism and prejudice, Muslims must object to Lam Shang Leen presiding over any legal case concerning them. The Judge is trying to incite people against Muslims on their right to deliver the Azan to their community. In the months following the Mauritian independence, a Franco even shot at a mosque’s speakers with his shotgun.


Due to his bias and prejudices, Lam Shang Leen is unable to deliver justice and he has given the Mauritian judiciary a very bad name both at home and abroad. People have no confidence in the dubious and suspicious methods which he uses so arbitrarily. Justice must not only be done but must be seen to be done, and Lam Shang Leen does not inspire confidence on both counts. Paul Lam Shang Leen must resign. In democracies, people have the right to ask biased and prejudiced judges to step down because they are a danger to the social cohesion of the communities. History is full of corrupt politicians, and judges too !

Yacoob Azan
California, USA – Sunday, 01 April 2007.