The Commissioner of Police (Respondent) v Towfeek Ali and another (Appellants) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0032

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Towfeek Ali and Firearms Training Institute Ltd

Respondent(s)

The Commissioner of Police

Issue

Did the Commissioner of the Police unreasonably delay in deciding the applicants’ Firearms Import Permit applications under the Firearms Act Chapter 16:01?

Facts

Mr Ali, the first appellant, is the Managing Director of the Firearms Training Institute Limited (“FTI”), the second appellant. Mr Ali is an authorised firearms and ammunition dealer and had permission to conduct weapons training courses. FTI is involved in the sale of firearms and ammunition. The Commissioner of Police (“the Commissioner”) is the respondent. The Commissioner is responsible for deciding applications for Firearm Import Permits under the Firearms Act Chapter 16:01 (“the Firearms Act”). On 28th June 2022, Mr Ali, on behalf of FTI, submitted two Firearm Import Permit applications (“the applications”), seeking permission to import ammunition. No response was received within the usual timeframe of a few days to one month. Mr Ali followed up in writing to the Commissioner on 12th September and 1st November 2022. Mr Ali received a letter on 10th November 2022 requesting fourteen working days within which to provide an update. No further response was received within that timescale. On 8th February 2023, Mr Ali and FTI commenced judicial review proceedings against the commissioner. No response from the Commissioner nor decision on the applications had been received by this date. The Commissioner noted in evidence that Firearms Import Permits applications in general were under pause, due to lack of accurate and readily accessible data regarding the quantity of firearms and ammunition in the country. On 4th August 2023, while proceedings were ongoing before the trial judge, the Commissioner issued a decision granting the applications in part and noting that the rest of the applications remained under consideration. On 6th November 2023, the trial judge ordered the Commissioner to make a decision on the applications and to pay Mr Ali and FTI’s costs. On 7th December 2023, the Commissioner issued a decision on the remainder of the applications, granting them in part. The Commissioner appealed to the Court of Appeal. The Court of Appeal allowed the appeal, holding that the trial judge had failed to take into account the public safety and national security concerns cited by the Commissioner as the reason for the delay. Mr Ali and FTI now appeal to the Judicial Committee of the Privy Council.

Date of issue

29 April 2025

Case origin

Appeal As of Right

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