Senior Counsel Anand Ramlogan says a High Court ruling has exposed serious constitutional breaches by the State in its handling of COVID‑19 border exemptions and the demonetisation process, after the state refused to allow a 76‑year‑old woman to redeem $10,000 in old $100 bills.
Senior Counsel Anand Ramlogan is hailing a High Court ruling as a landmark victory for citizens’ rights after the State was found to have breached the constitutional protections of a 76 year old woman who was stranded overseas during the COVID 19 pandemic.
The case centred on the late Shantee Nanan, who was abroad, but was unable to return home when T&T’s borders were closed in March 2020.
By the time she was granted entry, the deadline to exchange demonetised $100 notes had already passed, and her application for an exemption was refused.
Mr. Ramlogan said the ruling follows an earlier Court of Appeal decision.
“The Court of Appeal in a unanimous judgment delivered by Justice of Appeal had ruled that then Minister Stuart Young acted illegally and in breach of their constitutional rights because the exemption process returned home, was shrouded in mystery and secrecy.”
He said Nanan’s case highlights how ordinary citizens suffered the consequences of questionable decision making.
“We are talking about people like Shantee Nanan from Barrackpore, who used to rear ducks, plant little crops, and sell had a mere $10,000 in savings. She wasn’t a wealthy business person.”
The court found that the refusal to grant exemptions was carried out without any published policy or criteria.
“The court has ruled that Minister Imbert was guilty of the same type of secrecy and illegal behaviour as Minister Young, because he failed to publish any policy criteria or guidance as to the process to ask for an exemption so that you can redeem your notes after the deadline had passed when you were allowed to return home.”
Mr. Ramlogan is now calling on the current administration to act in light of the ruling and provide relief to others still affected.
“I therefore trust that Prime Minister Kamla Persad-Bissessar r and Minister of Finance Dave Tancoo, in light of this judgment, will exercise compassionate and fair judgment and in legitimate cases where people were deprived of their savings and did not do anything illegal to obtain those funds, they will grant them the exemption and allow them to redeem those notes.”
Commenting on the legal victory was Nanan’s son, Eddison Nanan, who noted that this is a bittersweet victory, since his mother is no longer alive.