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Tax free exemption for judges’ case further delayed
Chief Justice (Ag) Ian Chang, yesterday granted yet another adjournment in anticipation of an
Chief Justice Ian Chang
appointment by the Judicial Service Commission, (JSC) in selecting a temporary judge to deal with the matter brought by Justice William Ramlal.
Justice Ramlal, who was appointed to the Supreme Court of Guyana in July 2000, is challenging the Government over the denial of a tax-free allowance. The case was filed earlier this year.
According to legal documents, Ramlal is challenging the Attorney General (AG) the government’s legal advisor, and asking the court to grant an order which will give him rights to an income tax-free salary, currently being enjoyed by Chancellor (Ag), Carl Singh and Chief Justice (Ag), Ian Chang.
At the last hearing, the Chief Justice, (CJ) had indicated that his intention to recuse himself from the proceeding since he is a party of interest in the matter.
Yesterday, Justice Chang reiterated his intention not to hear the case but noted that the appointment of a Judge to preside over the matter will be at the directive of the JSC, which is headed by Chancellor of the Judiciary, Justice Carl Singh.
The court heard that Justice Singh is currently out of the jurisdiction and the AG still needs time to file a response in relation to the challenge.
Given a request by Attorney -at- Law, Prithima Kissoon, of the AG Chambers, Justice Chang granted another
Justice William Ramlal
adjournment in the matter. The trial will continue on June 25.
According to the court documents filed earlier this year, Justice Ramlal is claiming 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, illegal, void and of no effect.
Representing the Judge are C.V Satram, Sir Fenton Ramsahoye SC, R. Satram, P. Mohanlal, M. Satram, Ganesh Hira and Manoj Narayan.
Justice Ramlal is seeking 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.
He 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.
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