Devant Maharaj - Legal Challenges

Legal Challenges

Professionally Devant Maharaj was the Marketing & Public Relations Officer of the National Lotteries Control Board of Trinidad & Tobago from 1993 to 2004, and Deputy Director, and NLCB since 2004.

Due to Maharaj's Indian activism he has faced numerous challenges from the State and has had to go to court on numerous occasions as a result. In 2002 the Prime Minister of Trinidad and Tobago, Patrick Manning, vetoed his promotion. Maharaj was the most senior officer for the position of Deputy Director, he topped the appointment interview, and was recommended for the position by the independent Statutory Authorities Service Commission . The Commission, however, sought the concurrence of the Prime Minister – a 35 year old practice. Maharaj as a result took government to court and as a result the 35 year practice of Prime Ministerial veto was deemed illegal and brought to an immediate end.

Following this victory the challenges at the NLCB intensified for Maharaj and he had to seek refuge in the courts again, each time contesting issues that impacted upon all public officers of Trinidad & Tobago.

In 2005 Maharaj sought information from the SASC using the Freedom of Information Act about promotions at the NLCB. The SASC responded to Maharaj but via his employers, the NLCB. Maharaj challenged this shunting of responses via a third party that he suspected was working against his professional career. The courts again ruled that Maharaj right to information requested by public officers should not go through a third party and also that he was unfairly treated by the State in the manner and way in which it made promotions. The judgment was critical of political appointee’s interference of public officers in promotions and their career development.

In 1999 Trinidad and Tobago introduced the Freedom of Information Act to open the records of Government to the citizens. Maharaj was a “citizen trailblazer” in pioneering the use of the Freedom of Information Act in requesting information from the State. In several instances State agencies and Government Ministries refused to provide Maharaj the information requested citing various reasons. Maharaj as a result sought Judicial Review on the state’s decision not to provide the information. In all instances Maharaj’s legal challenge was successful. The successful use of the Freedom of Information Act by Maharaj has resulted in several forms of administrative reactions by the State including making the Central Bank of Trinidad and Tobago exempt from the Freedom of Information Act with retroactive legislation. Maharaj’s attorney in all of his legal challenges was Constitutional Rights attorney at law Anand Ramlogan. In several cases Ramlogan was led by former Attorney General of Guyana Sir Fenton Ramsahoye

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