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| Chief Justice (ag) Ian Chang yesterday granted an adjournment pending a decision by the Judicial ServiceJustice William RamlalCommission, (JSC) to appoint a special judge to deal with the matter in which High Court Judge William Ramlal is challenging the Government over denial of a tax-free allowance.According to lawyers representing Justice Ramlal, reservations have been expressed since the Chief Justice is a party of interest in the matter.The lawyers noted that in the event that a judge is not appointed by the JSC, then the Chief Justice “out of necessity,” will hear the case. The matter has been adjourned until May 25.According to the case filed earlier this year against the Attorney General (AG) and Government’s legal advisor, Anil Nandlall, the Judge is asking the court to grant an order which will give him rights to an income tax-free salary, as is currently being enjoyed by the Chancellor and Chief Justice.The Judge claims that he and other judges were denied but the Chancellor and the Chief Justice benefitted after a special law change was made to accommodate them.He is seeking compensation and a declaration by the court that he has been denied equality before the law and the equal protection and benefit of the law by the denial of exemption from income tax.Justice Ramlal is asking the court to declare that Section 13 of the Income Tax Act Chapter 81:01 is discriminatory against him as a Judge of the Supreme Court of Judicature and is unconstitutional,Discount Air Max, illegal, void and of no effect.Representing the judge are C.V Satram, Sir Fenton Ramsahoye SC, R. Satram, P. Mohanlal, M. Satram,Chief Justice (ag)Ian ChangGanesh Hira and Manoj Narayan.Justice Ramlal and his lawyers will be specifically looking at Articles 8, 65, 126, 142, 149, 149D, 153 and 197(10) of the Constitution for the case.It was also argued that the office of the Chancellor remained vacant, following the elevation of Chancellor Desiree Bernard to the position of Justice of the Caribbean Court of Justice in 2005. Justice Carl Singh, the substantive Chief Justice, acted in the office of Chancellor following the departure of Bernard.According to court documents, Justice Ramlal wants a declaration that the continued deduction of income tax from his judicial income is in effect an unlawful alteration of the terms and conditions of him being a Judge.Justice Ramlal is also requesting that a declaration be made that he is entitled upon retirement to a monthly pension and retirement benefits of not less than seven-eighths of his salary at the time of his retirement.The relief would also include an order for constitutional compensation, damages and refund of income tax, together with interest of at least $34M.Justice Ramlal also claimed that he has suffered severe financial loss by the denial of equal treatment and the benefit and protection of the law as a judge of the Supreme Court. |
