Karunakaran v Constitutional Appointment Authority & Anor (CP 3 of 2017) [2018] SCCC 5 (5 March 2018)

Karunakaran v Constitutional Appointment Authority & Anor (CP 3 of 2017) [2018] SCCC 5 (5 March 2018)

The necessity for cross-examination of the deponents by the Intervenor is not made out, and the rules do not require Intervenors to file affidavits; therefore, leave for cross-examination is not granted.

Citation
[2018] SCCC 5
Parties
Petitioner: Duraikannu Karunakaran; 1st Respondent: Constitutional Appointment Authority; 2nd Respondent: Attorney General; Intervenor: Intervenor
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
5 March 2018
Case Number
CP 3 of 2017
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Outcome
Application for leave to cross-examine deponents dismissed.
Legal Topics
Affidavit Practice, Cross Examination, Intervention
Source Language
English
Constitutional Law Civil Procedure Affidavit Practice Cross Examination Intervention

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Parties

Duraikannu Karunakaran

Petitioner

Constitutional Appointment Authority

1st Respondent

Attorney General

2nd Respondent

Intervenor

Intervenor

Procedural Posture

Constitutional Petition / Interlocutory Ruling

Legal Issues

  1. 1 Whether Intervenors are required to file affidavits in constitutional petitions under Article 130
  2. 2 Whether deponents of affidavits for the defendants can be cross-examined at the instance of the Intervenor

Ratio Decidendi

The necessity for cross-examination of the deponents by the Intervenor is not made out, and the rules do not require Intervenors to file affidavits; therefore, leave for cross-examination is not granted.

Court Disposition

Application for leave to cross-examine deponents dismissed.

Orders

  • Leave for cross-examination of deponents by the Intervenor is not granted.