PRE-ACTION PROTOCOL: Case against Dharmanand Dooharika [OPEN LETTER to the Director of Public Prosecutions]

Dear Sir

WeLuvMu is a private limited liability company whose objects are to protect the environment and promote human rights. As a registered charitable institution we are compelled to adhere to these objects. Therefore we are seeking information prior to legally intervening in the case you have brought against Dharmanand Dooharika. Editor-in-Chief of Samedi Plus.

We are of the opinion that the said prosecution contravenes Section 12 of the Constitution which guarantees freedom of expression. Freedom of the press is an implicit component of a Sovereign Democratic Sate which the Republic of Mauritius declares itself to be. If the press is not free to publish the opinions of citizens as open letters without fear of prosecution , then is not citizens’ freedom of expression severely curtailed?

Please enlighten us as to why you believe our opinion to be incorrect or withdraw the said case by noon on 11.11.11. Failure to do so will result in an application for redress under Section 17 of the Constitution. If you wish to resolve this matter by any other means you are invited to suggest options. If you do not then we will assume that you accept that the Supreme Court is at liberty to exercise its powers in accordance with Paragraph 17(2) . Please be aware that, due to the high level of trust placed in your office by the Republic and the gravity of the matter, we would seek the severest of punishments to deter others from repeating your transgression and to reverse the evil precedent that your action sets.

Please be aware that this letter is being copied to various media organisations within Mauritius as well as other concerned agencies.

We look forward to a swift and amicable resolution.

Yours faithfully, in the service of the Republic,

WeLuvMu

[Note to editors: If you feel that you are being coerced in any way to not publish this letter, please inform us so that we may use it in evidence in the above mentioned application. We would prefer that you not make any mention of any perceived parallels between our activity and, say plot of the Star Wars Episode I: The Phantom Menace. We believe that we if we bear the remotest resemblance to the fictional Jedi, it is merely coincidental. Indeed, would not your readers consider it insane to suggest that we are defending the Republic against a coup attempt by someone with the characteristics the Sith Lord Darth Sidious whose alter ego is seeking to dismantle the Constitution and make himself Emperor? After all, in the words of Jean Cocteau: “The extremity of wisdom, that is what the general public knows as madness”. Furthermore we do not believe that the Jedi share our sense of humour 😉 However, we recognise that you are at liberty to express your opinions.]