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Sedition Act Prevails: Sat loss: Duke's case dismissed

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De Dragon
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Re: Sedition Act struck down: Sat vindicated: Duke's case halted

Postby De Dragon » April 6th, 2021, 1:28 pm

adnj wrote:
De Dragon wrote:^^ You're a mixed bag aren't you?
Duane+lawyer+psychoanalyst.
You've left out the biggest thing that you are though :wink:
Analyze it and see if'n you could get it Mr Freud :roll:
The state of your mind can also play a part in triggering delusions of persecution. It’s more likely to happen if you:

- Are prone to worrying and over-analyzing
- Are overly sensitive to criticism or tend to misinterpret other people’s comments or gestures
- Have low self-worth or negative thoughts about yourself
- Constantly feel anxious, fearful, or unsettled without reason
- Have trouble sleeping
- Tend to jump to conclusions

Many people with delusions of persecution also have depression or anxiety. They also tend to lack strong personal relationships and are often physically unwell.

People with mental illnesses can be treated as either inpatients (when they are admitted to a health care facility) or outpatients.  Inpatient treatment can include acute and chronic patient care.  Acute patient care involves medication and psychotherapy, while chronic patient care involves medication, psychotherapy and rehabilitation.

Outpatient treatment can include medication, psychotherapy and rehabilitation, and is administered at health centres that offer mental health care while the patient continues to live at home in his or her community.

Inpatient treatment for extended periods of time is available only at the St. Ann's Hospital.

St. Ann's Hospital
St. Ann's Road
St. Ann's
Trinidad
Tel. (868) 624-1151

Opening hours: 24 hours

How original! The "I don't agree, so you must be mad" armchair psychoanalysis card :roll:

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Re: Sedition Act struck down: Sat vindicated: Duke's case halted

Postby The_Honourable » October 28th, 2023, 4:54 pm

Sat’s son loses sedition case at Privy Council

The son of former Sanatan Dharma Maha Sabha (SDMS) secretary-general Satnarayan Maharaj has lost his final appeal in his late father's legal challenge against this country's colonial-age sedition legislation.

Delivering a judgment a short while ago, five Law Lords of the United Kingdom-based Privy Council dismissed an appeal from Maharaj's son Vijay, who was allowed to continue the case after his father's passing in late 2019.

In the appeal, Maharaj's son claimed that three Court of Appeal Judges got it wrong in 2021 when they overturned High Court Judge Frank Seepersad's decision to strike down aspects of the legislation, which he ruled were unconstitutional.

The Privy Council agreed with the Court of Appeal that the legislation is consistent with the Constitution.

Maharaj filed the lawsuit after police executed search warrants on the SDMS's media house Central Broadcasting Services Limited (CBSL) after he made a series of incendiary statements on his Maha Sabha Strikes Back programme on TV Jaagriti on April 15, 2019.

Maharaj claimed that citizens living in Tobago are lazy and labelled the men as rapists.

While no criminal charges were eventually brought against him or CBSL, he suggested that such was inevitable while addressing supporters during SDMS Indian Arrival Day celebrations that year.

The State's legal team was led by Fyard Hosein, SC, and Rishi Dass, SC.

Maharaj's son was represented by Peter Knox, KC, Ramesh Lawrence Maharaj, SC, Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh, Stefan Ramkissoon, and Rhea Khan.

https://www.guardian.co.tt/news/sats-so ... 5603cf9355

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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby Mmoney607 » October 28th, 2023, 6:50 pm

But he studying kamla LOL

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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby The_Honourable » October 28th, 2023, 8:50 pm

While Sat and the SDMS lost, the Privy Council stated that Intent to incite violence and disorder must be proven before you are charged with Sedition.


Media Conference on 28th October, 2023 at SDMS Headquarters Lakshmi Girls Auditorium, St. Augustine
- Re Judgment in AG v Vijay Maharaj & Central Broadcasting Services Ltd



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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby zoom rader » October 29th, 2023, 8:14 am

The_Honourable wrote:While Sat and the SDMS lost, the Privy Council stated that Intent to incite violence and disorder must be proven before you are charged with Sedition.


Media Conference on 28th October, 2023 at SDMS Headquarters Lakshmi Girls Auditorium, St. Augustine
- Re Judgment in AG v Vijay Maharaj & Central Broadcasting Services Ltd


Dat doh matter to the red mis government

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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby The_Honourable » October 29th, 2023, 12:32 pm

zoom rader wrote:Dat doh matter to the red mis government


Well they will think twice before using the TTPS to charge opposition voices.

Privy Council sedition ruling a win for media and free speech in T&T—Maharaj

In what is being described as a win for the media and free speech by former attorney general Ramesh Lawrence Maharaj, SC, the Privy Council ruled that for someone to be charged with sedition in T&T, the State will have to prove that the person or published speech incited violence or public disorder.

At a press conference at Lakshmi Girls’ Hindu School in St Augustine yesterday, Maharaj said the interpretation came after an October 12 Privy Council ruling on a constitutional challenge of the sedition law in T&T by Vijay Maharaj on behalf of his late father, former Sanatan Dharma Maha Sabha secretary general Satnarayan Maharaj.

“This is one of the most landmark decisions in Trinidad and Tobago because the Government could have used the sedition act to oppress the media, to oppress free speech. It would be very easy if the Government had control of the prosecution process, and I mean any government, to be able to use the sedition act to harass the media,” he said.

Maharaj said while the Privy Council on October 12 ruled that it could not examine the constitutionality of the sedition law in T&T because it is existing law and was saved, the Privy Council decided that under common law it could determine if the definition of the law met common law requirements. He said the Council ruled that the sedition law did not meet the requirements of common law, so it ruled that proof of intention of violence or public disorder was required.

“If action has to be taken with respect to those statements that Mr Sat Maharaj made now, it would be unlawful for the police to do it.

“So that the statements Mr Sat Maharaj made, although people may disagree with it, did not constitute sedition and there’s no decision that says it constitutes sedition. But the most important part of this development of the law is that if the police want to use this sedition law, they cannot only satisfy themselves as to what is in the statute in black and white, but they also have to satisfy the intention to cause violence or public disorder.

“And if they can’t satisfy that, they wouldn’t have a warrant, they wouldn’t have a prosecution, as you would have seen the judges in even directing juries would tell the jury that if you don’t have that, you cannot prove the offence,” Maharaj said.

Going forward, according to the senior counsel, even if you use inflammatory statements against a Prime Minister, Opposition Leader or anybody, as long as you do not incite violence or public disorder, there is no criminal offence. He said, however, there may be a civil action still for defamation.

He also believed that following the ruling, there exists room for people charged with sedition to possibly take legal action against the State.

“If it falls within four years—if what happened or the violation or the search of the property occurred within the last four years, you will have a cause of action because you always have to file action within four years of the event on which you rely upon to bring the action either in tort, negligent or it’s a constitutional right. We don’t have a limitation rule, but if you wait too much, you can be denied relief, but the fact that this decision was given in 2023, if there’s a constitutional motion, a court would be hard-pressed to hold that there is a delay because it’s only recently decided that they may have a right to go to the court. So the answer is yes if it falls within the limitation period of four years,” he said.

Vijay Maharaj took the matter to the Privy Council after the Court of Appeal overturned High Court Judge Frank Seepersad’s decision to strike down aspects of the legislation, which he ruled were unconstitutional.

Sat Maharaj filed the lawsuit after police executed search warrants on the SDMS’ media house Central Broadcasting Services Limited (CBSL) after he made a series of incendiary statements on his Maha Sabha Strikes Back programme on TV Jaagriti on April 15, 2019.

Maharaj claimed that citizens living in Tobago are lazy and labelled the men as rapists.

While no criminal charges were brought against him or CBSL, he suggested that such was inevitable while addressing supporters during SDMS Indian Arrival Day celebrations that year.

In 2019, political leader of the Progressive Democratic Patriots Watson Duke, then PSA president, was charged with sedition. The charges against him were dropped in January 2020.

https://www.guardian.co.tt/news/privy-c ... df543f7fe3

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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby Mmoney607 » October 29th, 2023, 1:02 pm

zoom rader wrote:
The_Honourable wrote:While Sat and the SDMS lost, the Privy Council stated that Intent to incite violence and disorder must be proven before you are charged with Sedition.


Media Conference on 28th October, 2023 at SDMS Headquarters Lakshmi Girls Auditorium, St. Augustine
- Re Judgment in AG v Vijay Maharaj & Central Broadcasting Services Ltd


Dat doh matter to the red mis government

Ent, the privy council ain't say anything we don't know already

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Re: Sedition Act Prevails: Sat loss: Duke's case dismissed

Postby zoom rader » October 29th, 2023, 2:01 pm

A win for freedom of speech.

Something is wrong with the PNM courts

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