While awaiting the Supreme Court’s approval to apply for special leave to appeal to the Privy Council, Dev Hurnam and his team of lawyers made a second application, directly to the Privy Council this time. Leave was granted in a matter of days and, while the matter will be heard on its merits next January, the Law Lords have ordered the immediate release of lawyer and Member of Parliament Dev Hurnam.

This oral decision was given only ten days after the application was made. “It is a measure of the urgency of the matter,” say most lawyers. It is indeed a well-known fact that the Lords do not usually compromise on human rights matters. This raises a most fundamental question; whether or not the Privy Council has rejected in fact the Supreme Court judgment becomes not so relevant. What begs attention is the fact that, however “serious” the charges against the MP were - the reason given by the two Supreme Court judges for refusing to grant bail - the Privy Council Law Lords, even before hearing the case on its merits, considered Hurnam’s detention unjustified and uncalled for. A stand that the Supreme Court will have to take on board, as from now, when dealing with such matters.

Lukewarm welcome

Meanwhile, Dev Hurnam has resumed his parliamentary seat after an absence of three months. The welcome back from fellow MPs at the National Assembly was lukewarm, to say the least, while the Prime minister and leader of the Mouvement militant mauricien (MMM), did not even feel it important to acknowledge the comeback of his former comrade in arms.

While Hurnam’s supporters have been openly hostile to the MMM and its leader, the former has not ventured to make any relevant political statement so far. Hurnam clearly speaks of his “hurt” of having been unfairly treated by his political party and says “a decision will be taken in good time in consultation with the leader of the party as well as my constituents.”

The only public support coming from the MMM has been once again from fellow barrister Ivan Collendavelloo. MP Collendavelloo had said publicly on several occasions that “they are victimizing the guy”. Following the announcement of the Privy Council’s decision, Ivan Collendavelloo has maintained the same position. “The Privy Council has proved me right and some people will have to go now.” Whether he is speaking on his own or on his party’s behalf is debatable. Although the MMM secretary general insists he is reacting as a citizen, it is clear that the MMM seeks also to send a message to Hurnam: we have always been behind you but we have had to manage public opinion.

Lack of decorum

Meanwhile, the meeting with Bérenger still hasn’t taken place and Hurnam is getting ready to go back to Parliament today to question the PM on matters pertaining to the judiciary, on conditions of detention and the powers of the DPP.

While it can be argued that the man is well placed to ask those questions, having been there and all, it remains insulting to the institution that the National Assembly is, that a man who has not yet been cleared by the courts of justice and is facing serious charges, should be allowed to go back to Parliament to represent the people.

Admittedly there is nothing in the standing orders that prohibits Dev Hurnam from taking his seat but decorum would have demanded that he requests leave from Parliament. It seems this will not happen and that indeed, Parliament has not taken offence.

In the meantime, the police enquiry following Chetty’s allegations is ongoing and Hurnam’s defense team has presented a motion asking that the two provisional charges against him be struck out. As far as Dev Hurnam’s political future is concerned, it seems that, if the MMM does not want him, the Labour party believes in “never saying never”…