Ravi Balgobin Maharaj

Last updated
Ravi Balgobin Maharaj
Ravi Balgobin Maharaj.jpg
Born16 November 1984
Alma mater University of Greenwich
Occupation Political Activist
Political party United National Congress
SpouseNandita Maharaj

Ravi Balgobin Maharaj is a political commentator and social activist in Trinidad and Tobago, known for his legal challenges against government actions and his alignment with the United National Congress (UNC). Maharaj has been involved in several high-profile cases, particularly those related to constitutional matters and government accountability. Maharaj's activism and legal interventions have made him a key figure in political opposition, often challenging government decisions through the courts. His cases frequently involve issues of governance, constitutional law, and civil rights, highlighting his commitment to ensuring transparency and adherence to legal standards in Trinidad and Tobago.

Contents

Early Years

Ravi Balgobin Maharaj was born and raised by his grandmother, Radha Maharaj, in the suburbs of Curepe, Trinidad and Tobago. Ravi attended St. Joeph Boys' R.C. Primary School, and then Barataria Secondary Comprehensive School, before completing a BSc degree in Computing with Business from the University of Greenwich. In March 2010, Ravi would first meet Nandita, nee Sahadeo Maharaj, who he would later go on to marry in November 2021. It was during his time in high school however, that he became interested in political activism, as he began campaigning with the United National Congress and its candidate in the Tunapuna constituency, Mr. Mervyn Assam in the 2000 General Election. Ravi would then be employed in the Tunapuna Constituency Office as his first job after Mervyn Assam was elected to represent the constituency. Ravi would remain involved in the campaigns of the Tunapuna constituency until 2010, playing a major role in the candidacies of Mervyn Assam in 2000 & 2001, Carlos John in 2002, Christine Newallo-Hosein in 2007, and the Local Government campaign of Omardath Ramkissoon in 2003.

Political Commentary

In 2013, Ravi began commenting on political affairs through an email letter that would go on to become one of the most significant voices in discussions about democracy and governance in Trinidad and Tobago. His contributions have sparked debates about the role of leadership and the importance of civic engagement in shaping policy and societal change. His commentary often focuses on issues related to governance, public safety, and human rights. Maharaj is recognized for his critical views on government policies and decisions, advocating for accountability and transparency.

He has gained attention for his public statements, particularly regarding social issues, governance, law enforcement and the effectiveness of the police service. His activism extends to pressing for reforms and improvements in various sectors, including the justice system and public safety. Through social media and public forums, Maharaj engages with citizens, raising awareness about political and social issues affecting the nation. Ravi Balgobin Maharaj over the years would be considered as one of the most prolific political commentators in the Western Hemisphere, being published in numerous outlets across the region, including the Trinidad Express, [1] Trinidad and Tobago Guardian, Trinidad and Tobago Newsday, Trinidad and Tobago Sunshine Newspaper, [2] AZP News [3] the Indo-Caribbean Diaspora News, [4] and Forbes Magazine [5] [6] [7] [8]

COVID-19 Pandemic

In 2020, Maharaj, through his attorneys, issued a pre-action protocol letter threatening a lawsuit against the government, preventing the Stay-At-Home guidelines for the COVID-19 pandemic from infringing upon the Rights and Freedoms of the citizens of Trinidad and Tobago. [9] While it was important for the government to implement strategies to prevent the spread of the COVID-19 infection during the height of the pandemic, the measures that were being put in place were overstepping the function and directions of the law and were creating a semi-militistic state that was unconstitutional. Through his actions, Maharaj was able to successfully get the government to rescind the order to illegally prevent the movement of people during this time.

In 2022, during the time that the majority of COVID-19 restrictions were being removed, Ravi again had to threaten the government with legal action, after they refused to allow Hindus the ability to access watercourses to perform their religious duties. [10] While the government was allowing all citizens to access the beach for recreational use, there were still restrictions prohibiting anyone from visiting rivers, which directly affected the Hindu community who required access to these sources of freshwater for various religious ceremonies. While the government did relent in this decision as a result of the threat of legal action by Ravi, this was just another case of the infringement of basic human rights that were being inflicted upon the citizens of the country during the pandemic.

During the 2015 General Election in Trinidad and Tobago, the Election and Boundaries Commission (EBC) would take a decision on the day of polling to extend the hours that electors would be able to cast their wotes by an additional hour. This decision would be challenged through the filing of a FOIA request made by Maharaj to the EBC regarding the decision making process that preceded this action. This FOIA would attract the attention of former Attorney General, Mr. Anand Ramlogan SC, who was in the process of filing a petition in the courts, which would also challenge the extension by the EBC. This would mark the first collaboration between Ravi Balgobin Maharaj and Anand Ramlogan on legal matters, as they would eventually go on to challenge dozens of decisions taken by the Government that have infringed upong the rights of the citizens of Trinidad and Tobago in terms of their Constitutional Rights, access of information under the Freedom of Information Act, and Judicial Reviews and interpretations of legislation introduced by the government in carrying out their duties under the law.

In the matter of the extended polling times during the 2015 General Election, through Anand Ramlogan SC, Maharaj would file a judicial review seeking the court's clarification on whether the EBC had the constitutional power to make the decision. [11] While the petitions that were brought before the Court were struck down however, High Court Judge Mira Dean-Armorer upheld the position of Ravi Balgobin Maharaj that the decision to extend the voting time by one hour was an illegal act taken by the EBC, stating that "The EBC, itself a creature of statute, ought at all times to abide by the clear dictates of the law and ought not to purport to dispense with those dictates even if faced with an apparently insurmountable problem." [12] This ruling thereby prohibits the EBC from taking any such rash and illegal action in the future.

In 2016 Ravi filed a FOIA with the Petroleum Company of Trinidad and Tobago for information pertaining to mismanagement of the company by former Chairman Malcolm Jones, through access to witness statements of an arbitration matter that Petrotrin was a party. This request was initially denied by Petrotrin, and a request to file a Judicial Review of the FOIA Act and request for the witness statements was struck down in the High Court of Trinidad and Tobago, but through an appeal to the Privy Council Maharaj was given the go-ahead to file for a Judicial Review proceeding. [13] [14] While the government issued orders to Petrotrin to release the documents without further litigation following the Privy Council decision, this ruling is now a landmark case that allows public access to requests for witness statements under the Freedom of Information Act. [15]

In 2021, Ravi Balgobin Maharaj successfully challenged the Trinidad and Tobago government's appointment process for the Commissioner of Police in another landmark legal ruling. High Court Judge Nadia Kangaloo upheld Maharaj's interpretation lawsuit, stating that the Police Service Commission must seek approval from the House of Representatives for both acting and substantive appointments of the Commissioner and Deputy Commissioners. This ruling effectively invalidated the acting appointment of Gary Griffith, whose tenure as Commissioner had ended in mid-August, as well as the acting appointment of DCP McDonald Jacob, which was also rendered void. [16]

The ruling underscored that the selection process for a new acting commissioner could not commence until the Commission was reconstituted, as it was currently without members. Maharaj's case highlighted the legal requirements for appointing police leadership and addressed broader governance issues within the police service, emphasizing the need for accountability and adherence to constitutional protocols. The implications of this judgment were significant, as it left Trinidad and Tobago temporarily without a Commissioner of Police for the first time since Independence.

In 2023, Maharaj is again contesting another one-year extension granted to a Commissioner of Police, this time Mrs. Erla Harewood-Christopher, arguing that it was unconstitutional and violated the powers of the Police Service Commission. Despite his efforts, the High Court ruled against him, stating that the extension was lawful under the Police Service Act. The matter is currently slated to be heard in the Privy Council as the final Court of Appeal in Trinidad and Tobago. [17]

In another prominent case, in 2023, Maharaj challenged the government's decision to proceed with local government elections amid various concerns. His argument focused on issues such as the adequacy of voter education, the readiness of the electoral process, and the impact of external factors like the COVID-19 pandemic on public health and safety. [18] The Privy Council's ruling in his favour was seen as a significant victory against what he argued was an unconstitutional move by the People's National Movement (PNM) government to delay local elections. Maharaj contended that the government should prioritize the well-being of citizens by postponing the elections until conditions were more favourable. He emphasized the importance of ensuring that all voters could participate fully and safely in the electoral process. This challenge reflected broader public sentiments regarding transparency, preparedness, and the integrity of the democratic process in the country.

His calls for a postponement sparked discussions about electoral integrity and the government's responsibilities in safeguarding democratic practices. This matter is also a landmark ruling in the British Commonwealth as it marks the first time a court has recognized a partial right to vote in a local government election.

In other notable instances, legal action taken by Ravi Balgobin Maharaj has led to the definition of state entities such as the Telecommunications Services of Trinidad and Tobago being informed of their status as a public authority. [19]

Ravi has also been influential in the development of legislation, in 2023, through the issuance of a pre-action protocol letter, the government was forced to recall Parliament in an emergency session and implement correction to impractical elements included in an Amendment to the Public Procurement and Disposal of Public Property Procurement Act 2015. [20]

In 2020, Maharaj was also successful in getting a High Court Ruling to prevent the Comptroller of Customs and Excise of Trinidad and Tobago from expanding the charter of prohibited items for import into the country, which would have been infringing upon the Constitutional Rights of citizens. [21]

Moving forward, Ravi Balgobin Maharaj has a number of matters before the court, including a challenge to the decision of the Speaker of the House of Representatives, Honourable Brigid Annisette-George, to deny his Right to respond to statements made against him during a Parliamentary Debate by the Member of Parliament for Port-of-Spain South, Honourable Keith Scotland. [22] [23]

Ravi also has been granted leave by the Court to challenge the decision of the Integrity Commission to terminate their investigation into the purchase of properties by the Prime Minister of Trinidad and Tobago, [24] which were not properly filed in his Declaration of Income, Assets and Liabilities. The failure to properly list these real estate properties in his filings is a breach of the Integrity of Public Life Act in Trinidad and Tobago and requires the Integrity Commission to forward the information to law enforcement for further investigation. The failure of the Integrity Commission to abide by its mandate is a failing of the organization and a Judicial Review is required to determine whether the organization has acted illegally in this matter.

In 2017, Ravi filed a FOIA request with the Strategic Services Agency to clarify how many wiretapping operations were undergoing without the approval of a Judge. This request was refused and a Judicial Review was filed challenging the agency's failure to disclose the information, and the matter has been before the Courts for the past seven years. In October 2024, the Court of Appeal reserved their ruling in the matter to be handed down at a later date [25] .

In October 2024, the High Court partially upheld a request for information pertaining to legal fees paid by the South West Regional Health Authority to Roger Kawalsingh [26] . The request for information was made in 2021 when Roger Kawalsingh was also serving as a Director in the Police Service Commission. In her ruling, Justice Joan Charles agreed that the matter was of public importance, but wanted to view the requested invoices before making a determination of whether it should be released to the public.

Related Research Articles

<span class="mw-page-title-main">United National Congress</span> Political party in Trinidad and Tobago

The United National Congress is one of two major political parties in Trinidad and Tobago and the current parliamentary opposition. The UNC is a centre-left party. It was founded in 1989 by Basdeo Panday, a Trinidadian lawyer, economist, trade unionist, and actor after a split in the ruling National Alliance for Reconstruction (NAR). After spending six years in opposition, the UNC won control of the government in 1995, initially in coalition with the NAR and later on its own. In the 2000 general election, the UNC won an absolute majority in the Parliament. In 2001, a split in the party caused the UNC to lose its parliamentary majority and control of the government. From 2001 to 2010, the UNC was once again Parliamentary Opposition party. In May 2010, the UNC returned to government as the majority party in the People's Partnership. The UNC's Political Leader, Kamla Persad-Bissessar, was sworn in as the first female Prime Minister of Trinidad and Tobago. Kamla Persad-Bissessar was Prime Minister from 2010 until 2015.

Ramesh Lawrence Maharaj SC is a Trinidadian and Tobagonian politician.

<span class="mw-page-title-main">Caribbean Court of Justice</span> Judicial institution of the Caribbean Community

The Caribbean Court of Justice is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago.

<span class="mw-page-title-main">Trinidad and Tobago Football Association</span> Sports governing body

The Trinidad and Tobago Football Association (TTFA) is the governing body of football in Trinidad and Tobago. It is based in Port of Spain, Trinidad. It is a member of FIFA and is responsible for governing amateur and professional football and including the men's and women's national teams. The TTFA is also responsible for sanctioning referees and football tournaments for leagues in Trinidad and Tobago.

<span class="mw-page-title-main">Jack Warner (football executive)</span> Trinidad and Tobago politician, and former FIFA executive

Jack Austin Warner is a Trinidadian and Tobagonian politician, businessman, and former football executive. Warner was Vice President of FIFA and President of CONCACAF until his suspension and eventual resignation from these roles in 2011. He is also the former Minister of National Security of Trinidad and Tobago and was an elected member of the country's parliament from 2007 to 2015. He was also the owner of Joe Public F.C., a professional football club in Tunapuna, Trinidad and Tobago. Warner has been implicated in numerous corruption scandals and was banned for life from football related activities by FIFA in 2015. He currently faces extradition to the United States to face corruption charges.

<span class="mw-page-title-main">Congress of the People (Trinidad and Tobago)</span> Political party in Trinidad and Tobago

The Congress of the People (COP) is a political party in Trinidad and Tobago. Its current political leader is Kirt Sinnette. Its symbol is the "Circle of Circles".

<span class="mw-page-title-main">LGBTQ rights in Trinidad and Tobago</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Trinidad and Tobago face legal challenges not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as that of opposite-sex couples.

<span class="mw-page-title-main">Devant Maharaj</span>

Devant Maharaj is a Trinidad and Tobago politician, and social activist. He is a leading member of the United National Congress. On 27 June 2011, he became a member of the Senate of the Republic of Trinidad and Tobago and Minister of Transport following his appointment as Chairman of the Public Services Transport Corporation of Trinidad and Tobago.

Anand Ramlogan is a member of the Bar of Trinidad and Tobago, England & Wales and the British Virgin Islands. He is the founder and head of Freedom Law Chambers which is based in the city of San Fernando, Trinidad. He served as junior counsel to the late Sir Fenton Ramsahoye QC in whose footsteps he followed to become the Attorney General of Trinidad and Tobago during the period 28 May 2010 – 2 February 2015. As Attorney General, he was also the titular head of the bar.

<span class="mw-page-title-main">Trinidad and Tobago Police Service</span> Law enforcement agency

The Trinidad and Tobago Police Service or TTPS is the law enforcement agency of Trinidad and Tobago. It has been in operation for over 200 years.

<span class="mw-page-title-main">Judiciary of Barbados</span>

The Judiciary of Barbados is an independent branch of the Barbadian government, subject only to the Barbadian Constitution. It is headed by the Chief Justice of Barbados. Barbados is a common law jurisdiction, in which precedents from English law and British Commonwealth tradition may be taken into account.

<span class="mw-page-title-main">Keith Rowley</span> Prime Minister of Trinidad and Tobago since 2015

Keith Christopher Rowley, is a Trinidadian politician serving as the seventh prime minister of Trinidad and Tobago, first elected into office on 9 September 2015 and again following the 2020 general election. He has led the People's National Movement (PNM) since May 2010 and was Leader of the Opposition from 2010 to 2015. He has also served as the Member of the House of Representatives for Diego Martin West since 1991. He is a volcanologist by profession, holding a doctorate in geology, specializing in geochemistry.

<span class="mw-page-title-main">2019 Trinidadian local elections</span>

Local elections in Trinidad and Tobago were held on 2 December 2019, contesting 139 electoral districts across Trinidad's 14 municipal corporation electoral areas.

<span class="mw-page-title-main">2020 Trinidad and Tobago general election</span>

General elections were held in Trinidad and Tobago on Monday, 10 August 2020, to elect 41 members to the 12th Trinidad and Tobago Republican Parliament. It was the 14th election since gaining independence from the United Kingdom in 1962 and the 22nd national election in Trinidad and Tobago ever. Tracy Davidson-Celestine, political leader of the Tobago Council of the People's National Movement (PNM) became the first woman to lead a Tobagonian political party with representation in the House of Representatives. Additionally, two of the three largest parties elected in 2015, the United National Congress (UNC) and the Congress of the People (COP), were led by women.

<span class="mw-page-title-main">January 2021 Tobago House of Assembly election</span> Deadlocked local government election in Tobago

House of Assembly elections were held in Tobago on 25 January 2021 where 12 members were elected in the eleventh election since the Assembly was established in 1980. This election marked the first time in history that both parties elected, the People's National Movement (PNM) and Progressive Democratic Patriots (PDP) won an equal number seats of 6-6, despite the PNM winning the popular vote, resulting in a deadlock and a constitutional crisis with both political parties and Prime Minister Keith Rowley seeking senior counsel advice on the way forward. This election was the first time after 20 years in power that the PNM lost its absolute majority. This election also marked the first time a female political leader was elected to the Assembly and the first time a woman led a major political party or a political party with representation in the Assembly, following the 2020 Tobago Council of the People's National Movement leadership election where Health Secretary, councillor and former Trinidad and Tobago Ambassador to Costa Rica and former Deputy Chief Secretary of Tobago Tracy Davidson-Celestine made history by being elected as the PNM's first female political leader at the regional or national level and one of the first bilingual political leaders in the country's history. If Davidson-Celestine and the PNM were to be elected with a majority to their sixth consecutive term in office, she would have made history, becoming the first female Chief Secretary of Tobago. The election was held alongside local by-elections in Trinidad in which the PNM and UNC retained two districts and the PNM losing one to the UNC.

The 2020United National Congress leadership election was held on Sunday, 6 December 2020, after Opposition Leader Kamla Persad-Bissessar, the current leader of the UNC, faced losses commencing in January 2013 with the wipeout of her People's Partnership-led administration from the Tobago House of Assembly at the 2013 election, loss in the 2015 Trinidad and Tobago general election and loss in the 2020 Trinidad and Tobago general election. The candidates for political leader were incumbent Kamla Persad-Bissessar on Team Star against former member of parliament for St. Augustine and former Minister of Trade, Industry and Investment in the People's Partnership's government, Vasant Bharath, on Team Lotus. Former senator and Minister of Transport in the People's Partnership's government, Devant Maharaj, was an early candidate for political leader, but was never formally nominated as he dropped out on nomination day on the 15th of November 2020, citing irregularities in the voting process. He endorsed Vasant Bharath and Team Lotus. Kamla Persad-Bissessar won with of 87.15% of the votes, while Vasant Bharath got 12.85% of the votes.

<span class="mw-page-title-main">Randall Mitchell</span> Trinidad and Tobago politician

Randall Mitchell is a politician and lawyer in Trinidad and Tobago who has served as the Minister of Tourism, Culture and the Arts since 19 August 2020. He first entered Parliament as the elected representative for San Fernando East in the 11th Republican Parliament (2015). He was appointed a senator in the Trinidad and Tobago Senate on 19 August 2020. He is a member of the People's National Movement.

<span class="mw-page-title-main">December 2021 Tobago House of Assembly election</span>

Snap House of Assembly elections were held in Tobago on 6 December 2021 to elect all 15 members of the Tobago House of Assembly (THA). The election was called following a deadlock created by the January 2021 elections which resulted in a tie between the People's National Movement (PNM) and the Progressive Democratic Patriots (PDP), with both parties winning six seats. As a result, the number of seats in the legislature was increased from 12 to 15 to avoid ties.

<span class="mw-page-title-main">2023 Trinidadian local elections</span>

The 2023 Trinidadian local elections were held on Monday, August 14, 2023, across all 141 electoral districts in Trinidad's 14 municipal corporation electoral areas. The elections follow a 3-2 ruling on May 18, 2023, from the United Kingdom's Judicial Committee of the Privy Council, the Republic of Trinidad and Tobago's highest court of appeal, which stated that the government's one-year extension of the mandate of councillors and alderman was unlawful. The matter was brought before the Law Lords of the Privy Council by Ravi Balgobin Maharaj, and his legal team led by Anand Ramlogan, SC. The legal action taken by Ravi Balgobin Maharaj was necessary after the PNM government decided to extend the election by one year, which the Privy Council ruled was inconsistent with the rule of Democracy. The judgement handed down to Ravi Balgobin Maharaj by the Law Lords was a landmark ruling in the Commonwealth and marks the first time that a Court upheld the rights of citizens to vote in a Local Government Election.

References

  1. https://trinidadexpress.com/opinion/letters/another-day-of-total-stupidity/article_1ced224a-47bf-11ef-bdc9-a35c208d40ac.html
  2. https://www.sunshinetodaytt.com/sunshine/tag/ravi-balgobin-maharaj/
  3. https://azpnews.com/letter-to-editor-brand-of-tassa-indigenous-to-tt/
  4. https://icdn.today/author/ravi-maharaj/
  5. https://www.forbes.com/sites/edwardsegal/2021/06/15/leadership-lessons-from-bidens-g7-and-nato-meetings/
  6. https://www.forbes.com/sites/edwardsegal/2021/07/08/chinas-didi-and-uks-metro-bank-show-how-and-why-to-respond-quickly-to-rumors/
  7. https://www.forbes.com/sites/edwardsegal/2022/02/10/the-nfl-changes-course-again-in-response-to-their-latest-crisis/
  8. https://www.forbes.com/sites/edwardsegal/2022/10/20/8-leadership-lessons-from-liz-truss-brief-tenure-as-uk-prime-minister/
  9. https://www.guardian.co.tt/news/activist-threatens-stayathome-lawsuit-6.2.1102379.c4573424d7
  10. https://newsday.co.tt/2022/01/06/baptist-minister-activist-want-rivers-reopened-for-religious-practices/
  11. https://www.guardian.co.tt/article-6.2.355856.baf3a1e4db
  12. https://www.guardian.co.tt/article-6.2.357183.f6a45c0a75
  13. https://www.jcpc.uk/cases/jcpc-2018-0047.html
  14. https://trinidadexpress.com/news/local/privy-council-ruling-a-victory/article_dad15616-7c2f-11e9-ba4c-771c273a4c41.html
  15. https://afraraymond.net/2019/06/12/freedom-of-information-shifts/
  16. "The Judiciary of Trinidad and Tobago : Law Library : New Materials : Recent Judgments : Balgobin Maharaj, Ravi v The Attorney General of Trinidad and Tobago; Police Service Commission; Griffith, Gary". ttlawcourts.org. Retrieved 2024-09-16.
  17. "UNC activist can take CoP extension case to Privy Council - Trinidad Guardian". guardian.co.tt. Retrieved 2024-09-16.
  18. "Ravi Balgobin Maharaj (Appellant) v The Cabinet of the Republic of Trinidad and Tobago and another (Respondent)". jcpc.uk. Retrieved 2024-09-16.
  19. "Court rules TSTT a public authority subject to FOIA - Trinidad and Tobago Newsday". newsday.co.tt. 29 July 2022. Retrieved 2024-09-16.
  20. https://www.guardian.co.tt/news/procurement-amendment-goes-to-parliament-6.2.1753313.77596e5c0b
  21. https://www.ttlawcourts.org/index.php/law-library/news-a-alerts/recent-judgments/9893-balgobin-maharaj-ravi-v-the-comptroller-of-customs-and-excise-the-attorney-general-of-trinidad-and-tobago
  22. https://trinidadexpress.com/news/local/unfair-to-ravi/article_9b6d8672-26cd-11ef-870c-dfd6448eeba2.html
  23. https://newsday.co.tt/2024/08/12/activist-takes-speaker-to-court-over-refusal-to-appear-in-the-house/
  24. https://www.guardian.co.tt/news/judge-grants-leave-to-pursue-judicial-review-against-ic-in-pms-matter-6.2.1898905.ddc6a2195f
  25. https://www.guardian.co.tt/news/appeal-court-reserves-judgment-in-ssa-matter-against-activist-6.2.2120454.23d2db957a
  26. https://www.cnc3.co.tt/swrha-loses-lawsuit-over-refusal-to-disclose-documents/