Justice Peter Jamadar is a former Justice of Appeal in the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

of the Republic of

Trinidad and Tobago Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...

. Justice Jamadar served as a Judge in the High Court until his elevation to the

in 2008. As of July 4th, 2019, Justice Jamadar has been a judge on the bench of the

Caribbean Court of Justice The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago. ...

Trinity Cross judgement

One of the most public cases he presided over was High Court Action 2065 of 2004, in the San Fernando High Court. This was a constitutional motion filed by

Satnarayan Maharaj Satnarayan Maharaj , also known as Sat Maharaj, (; April 17, 1931 – November 16, 2019) was a Trinidadian and Tobagonian Hindu religious leader, educationalist, and civil rights activist in Trinidad and Tobago. He was the Secretary-General of th ...

, secretary general of the

Sanatan Dharma Maha Sabha The Sanatan Dharma Maha Sabha (SDMS), , colloquially known as the Maha Sabha, is the largest and most influential Hindu organization in Trinidad and Tobago. It operates 150 mandirs, over 50 schools, and has its own radio station, Radio Jaagrit ...

, and

Inshan Ishmael Inshan Ishmael came into the public eye with his launching of an Islamic television station in Trinidad and Tobago, the Islamic Broadcast Network, where he hosted a popular talk show, “Breaking Barriers” and for his historic court action against ...

, president of the Islamic Relief Centre. The applicants in the case had challenged the constitutionality of the

Trinity Cross The Trinity Cross (abbreviated T.C.) was the highest of the National Awards of Trinidad and Tobago, between the years 1969 and 2008. It was awarded for: "distinguished and outstanding service to Trinidad and Tobago. It was awarded for gallantry ...

, Trinidad & Tobago's highest national award, on the grounds that its continued existence and award were in breach of the applicants' fundamental rights as guaranteed by certain Sections of the Constitution. The lawyer for the applicants argued that the State kept the Trinity Cross, knowing that “non-Christians are unable and unwilling to accept (it) because it is perceived to be and/or in fact is a

Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...

symbol.” The result is an experience of disparate treatment, or unfair discrimination, for “many deserving non-Christian citizens who... will never be rewarded by the State and country.” In May 2006, Justice Peter Jamadar, a Christian, ruled that "the Trinity Cross-the nation’s highest award-is strictly a Christian symbol, and as a result, it discriminates in a multi-religious society.... In my opinion, leaving aside the savings clause argument for the moment, the respondent has shown no accommodation whatsoever to ameliorate the indirect adverse discriminating effects of the award of the Trinity Cross on the applicants as

Hindus Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...

and

Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...

and as corporate citizens representing Hindus and Muslims in T&T." Although he found it to be discriminatory, he said that it does not mean that the court can strike it down. As it was protected by the 1976 constitution, it is a matter for the

Parliament of Trinidad and Tobago The Parliament of Trinidad and Tobago is the legislative branch of the Government of Trinidad and Tobago. The Parliament is bicameral. Besides the President of Trinidad and Tobago, it is composed of the House of Representatives, which is compose ...

to change.

References

{{DEFAULTSORT:Jamadar, Peter 20th-century Trinidad and Tobago judges Year of birth missing (living people) Living people 21st-century Trinidad and Tobago judges