IN THE SUPREME COURT OF MAURITIUS

MAURITIUS ) At the suit, instance and request of (1) Mrs. Bibi Amiirah Toofany, (2) Miss.
TO
) Bibi Shaminah Toofany, (3) Miss Bibi Elaiya Banu Toofany, (4) Miss.
WIT
) Anzariya Abbreziha Toofany (hereinafter referred to as the Abovenamed
Parties), all residing at Route Vingta No 3, Vacoas, electing their legal domicile in the office
of the undersigned Attorney-at-Law situate at GO8, Ground Floor, St James Court, St Denis
Street, Port Louis.
TAKE NOTICE FOR THAT:1. Whereas the Abovenamed Parties are the lawful heirs of late Mr. Mohamed Iqbal
Toofany entitled to the succession and estate of late Mr. Mohamed Iqbal Toofany.
2. Abovenamed parties No 2 to 4 are attending different educational institutions and
Abovenamed party No 1 was at all material times the wife of late Mr. Mohamed Iqbal
Toofany and also a housewife.
3. You, the hereundernamed party No 1 is the State of Mauritius responsible for the acts and
doings of its arms as commettant including officers of the hereundernamed party No 2.
4. You, the hereundernamed party No 2 is the Commissioner of Police having the control of
the Mauritius Police Force.
5. You, the hereundernamed parties No 3 to 7 were at all material times posted at the
Bambous Police Station in different hierarchical capacities under the control and
command of You, the hereundernamed party No 2 and as prposs of You, the
hereundernamed party No 1.
6. Whereas the Abovenamed Parties aver that on or about the 2nd March 2015 at about 01 00
hours, the personnel of the Emergency Rescue Service (ERS), who are police officers,
posted at the Bambous Police Station, arrested upon rickety suspicion and effectively
handed over to You, the hereundernamed parties No 3 to 7 under the command of You,
the hereundernamed party No 2 and as prposs of You, the hereundernamed party No 1,
late Mr. Mohamed Iqbal Toofany.
7. Whereas the Abovenamed Parties aver that they have been made aware that at about
02:00 am on or about the 2nd of March 2015, the ERS police officers handed over late
Mr. Mohamed Iqbal Toofany to your preposs, the hereundernamed party No 3 who at
the material time was a member of the Criminal Investigation Department (CID), who
was later joined by four other members of the CID, namely the hereundernamed parties
No 4 to 7. It has been revealed by the Judicial Enquiry held at the District Court of Black
River that the ERS officers at the time of transferring late Mr. Mohamed Iqbal Toofany
prior to departing this life in heinous circumstances within the hands of the prposs of
You, the hereundernamed party No 1 and under the control and command of You, the

hereundernamed party No 2 allegedly inserted an entry into the Diary Book of the
Bambous Police Station that late Mr. Mohamed Iqbal Toofany bore no marks of violence
and made no complaints against the said ERS officers during his custody with the said
ERS officers.
8. Whereas the Abovenamed Parties aver that they have been made aware that on or about
the 2nd of March 2015 at around 10:00 hours, the team of CID officers together with late
Mr. Mohamed Iqbal Toofany, were at the Bambous Police Station when the latter
allegedly complained of severe belly pain. Abovenamed parties also aver that they have
been apprised that late Mr. Mohamed Iqbal Toofany was then taken to the Victoria
Hospital for treatment but the latter passed away at about 10:50 am on or about the 2nd of
March 2015.
9. Whereas the Abovenamed Parties aver that as a result of the sudden, tragic and untimely
death of late Mr. Mohamed Iqbal Toofany, an autopsy was carried out and the said
autopsy revealed the presence of bruises on not less than 15 places on the body of the late
Mr. Mohamed Iqbal Toofany . An enquiry was initiated in this matter by the Central
Criminal Investigation Department (CCID) and on or about the 4th of March 2015, a
provisional charge of torture was lodged against You, the hereundernamed parties 3 to 7
who are under the control and command of You, the hereundernamed party No 2.
10. Whereas the Abovenamed Parties also aver that on or about the 18th of March 2015, a
Police Medical Officer submitted his final Medico Legal Report which attributed the
cause of death of late Mr. Mohamed Iqbal Toofany, as being hypovolemic shock
following soft tissue injuries.
11. On or about the 18th of March 2015, following the said Medico Legal Report, the
provisional charge of torture was struck out and a provisional charge of murder was
lodged against You, the hereundernamed parties No 3 to 7 which in itself speaks volume
about the illegal acts and doings of You, hereundernamed parties No 3 to 7 who are under
the control and command of You, the hereundernamed party No 2.
12. Whereas the Abovenamed Parties further aver that following the death of late Mr.
Mohamed Iqbal Toofany, the Director of Public Prosecution referred the matter to the
Honourable Magistrate Daniel Dangeot sitting at the Black River District Court for a
judicial enquiry to be conducted in this matter.
13. Whereas the Abovenamed Parties further aver that during the judicial enquiry, a
responsible officer of the Central Criminal Investigation Department, stated that as per
diary book entries of the Bambous Police Station, late Mr. Mohamed Iqbal Toofany was
in good health and had no apparent sign of injuries on his body before being handed over
by the ERS officers to You, the hereundernamed parties No 3 to 7 who are under the
control and command of You, the hereundernamed party No 2.

14. Whereas the Abovenamed parties aver that the acts and doings of You, the
hereundernamed parties No 3 to 7 who are under the control and command of You, the
hereundernamed party No 2 are unlawful, illegal and tortuous inasmuch as:
(i) late Mr. Mohamed Iqbal Toofany was prior to his handing over by the ERS officers
to You, the hereundernamed parties No 3 to 7 hale and hearty and was in good health,
(ii) all pointers and evidence in the alleged murder point towards the cruelty and
inhumane treatment which You, the hereundernamed parties No 3 to 7 inflicted to late
Mr. Mohamed Iqbal Toofany,
(iii) late Mr. Mohamed Iqbal Toofany departed this life in tragic circumstances only
about fifty minutes after being transported to the hospital.
Particulars of wrongdoings, illegal and criminal actions
15. Abovenamed parties aver that they have suffered prejudice due to the sole acts and
doings of You, the hereundernamed parties No 3 to 7 who are under the control and
command of You, the hereundernamed party No 2 inasmuch as there has been:
a. Use of prima facie illegal and unlawful force which tragically led to the death of
late Mr. Mohamed Iqbal Toofany,
b. Failure to protect late Mr. Mohamed Iqbal Toofany whilst the latter was in the
allegedly lawful custody of You, the hereundernamed parties No 1 and 2.
16. Whereas the Abovenamed Parties aver that following the judicial enquiry into the
suspicious death of late Mr. Mohamed Iqbal Toofany, the Honourable Magistrate Daniel
Dangeot, submitted his conclusions to the Office of the Director of Public Prosecution in
which he stated that it was a case where foul play had been established and which had led
to the death of late Mr. Mohamed Iqbal Toofany at the hands of your prposs.
17. Abovenamed parties aver that the acts and doings of You, the hereundernamed parties No
3 to 7 amount to faute lourde and the hereundernamed parties No 1 responsible as
commettant and You the hereundernamed party No 2 as the one having the control and
command of the Mauritius Police Force are jointly and severally responsible along with
the hereundernamed parties No 3 to 7 for the damages suffered by the Abovenamed
parties.
18. Abovenamed parties aver that they have suffered damages to the tune of Rs 25,000,000
(twenty-five million rupees) comprising of but not limited to:
(a) the loss of the sole fatherly and manly figure of the family,
(b) the deprivation of emotional, physical and financial support of a fatherly figure,
(c) jeopardising the future of the Abovenamed parties most drastically the academic
future of the abovenamed parties No 2 to 4,
(d) trauma, pain and suffering of losing a dear one in such tragic and heinous
circumstances,

(e) the widespread publicity surrounding this matter exposing the Abovenamed
parties within the sphere of the local media amplifying the pain and suffering of the
Abovenamed parties.

NOW TAKE FURTHER NOTICE THAT you, the Hereundernamed Parties are most
formally requested called upon, and summoned to make good for the damages and prejudice
suffered the Abovenamed Parties which is valued at Rs 25,000,000 which sum You, the
Hereundernamed Parties are bound in law to make good to the Abovenamed Parties.
WARNING YOU, the Here undernamed parties, that should you fail to comply with the
requirements and exigencies of the present Notice Mise en Demeure and to pay the costs
amounting to Rs.15,000/- (however subject to taxation), the Abovenamed Parties will have
no alternative than to take legal steps as they shall be advised.

Under all legal reservations

Dated at Port Louis, this 23rd day of June, 2016

Me. K.BOKHOREE
Of Ground Floor, St James Court, Port Louis
Attorney-at-Law for the Abovenamed Parties instructing Me. Rama Valayden, Me. S.
Soobramanien and Me. Neeven Moonesamy, of Counsel
To/
1. State of Mauritius, service to be effected at the Attorney Generals Office, Renganaden
Seeneevassen Building, Port Louis.
2. The Commissioner of Police service to be effected at line Barracks, Port Louis
3. Mr. Joshan Ragoo, service to be effected on the Commissioner of Police, Line Barracks
Port Louis
4. Mr. Ghislan Marie Ronny Vincent Gaiqui, service to be effected on the Commissioner
of Police, Line Barracks, Port Louis
5. Mr. Jean Francois Numa, service to be effected on the Commissioner of Police, Line
Barracks, Port Louis
6. Mr. Johny Laboudeuse, service to be effected on the Commissioner of Police, Line
Barracks, Port Louis
7. Mr. Vikash Persand, service to be effected on the Commissioner of Police, Line
Barracks, Port Louis