Maharaj spoke with reporters after a panel discussion on the Anti-Gang Act at Hugh Wooding Law School, St Augustine.
He said the legislation took effect in August this year and has no retroactivity. This is why people arrested under the Act cannot be charged with gang activity that took place before the date the act was proclaimed.
"There is a presumption under the Common Law that you cannot punish someone for an offence that was not an offence when it occurred," he said.
"Under the Constitution in any event, if someone is charged in respect of something that occurred before the Act came into force and they are charged, when the case comes up the magistrate could refer the matter to the High Court and the person would be acquitted. You cannot do it," he said.
Maharaj noted that legal experts had concerns since 2009 when the former Attorney General John Jeremie was drafting the legislation.
"I want to know whether this Government just passed that bill with the opinion that it was flawed, or if it was revised, then to what extent," Maharaj said.
Attorney General Anand Ramlogan told the Express newspaper the Anti-Gang Legislation was scrutinised and discussed at length by the Joint Select Committee (JSC). In addition it passed with a special majority, meaning the opposition supported it.
Ramlogan said Opposition members Fitzgerald Hinds, Colm Imbert and Marlene McDonald were all part of the JSC discussions.
"If the PNM (People's National Movement) was aware of any legal opinions against the bill, then they would have said as much during the discussions. I would assume, no doubt, that their concerns would have been raised at the JSC," he said.
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