By Tracey Khan – Drakes
[www.inewsguyana.com] – Suspended Senior Magistrate Chandra Sohan appeared before the Judicial Service Commission (JSC) on Wednesday (February18) only to be told that an inquiry has been launched into the circumstances surrounding his suspension.
This is even after the 60 days period elapsed, which means that Magistrate Sohanwas no longer obligated to appear before the JSC and should have returned to work by now.
The JSC’s Rule 80, sub rule 6 states that when the 60 days period has passed in a matter regarding a suspended Magistrate, no inquiry can be held and the Magistrate should be allowed to return to work.
However, iNews understands that the JSC blatantly disregarded this rule and attempted to proceed with its inquiry. Magistrate Sohan reportedly submitted himself to the Commission but did not participate by operation of rule 80.
The JSC was unable to proceed with its inquiry after Sohan’s lawyer submitted that his client was not prepared to respond to the JSC even though he subjected himself to the Commissioners.
Sohan’s Lawyer appealed the suspension in the High Court but did not receive satisfaction; he then moved to the Court of Appeal seeking to have the Judge explain his decision and expeditiously quash the High Court’s ruling since his constitutional right was breach.
Magistrate Sohan was never given a proper hearing by the JSC before he was suspended.
The matter is still engaging the attention of the Court of Appeal and such, the JSC is unable to proceed with its inquiry until a decision is made by the Court.
Magistrate Sohan was suspended some two months ago by the JSC over four matters that date back to almost two years ago.