Sat wins radio licence war

THE Cabinet of the ruling People’s National Movement could not have acted fairly to the Sanatan Dharma Maha Sabha  (SDMS) — when it chose to grant a radio licence to Citadel Ltd, managed by Louis Lee Sing, instead of the largest Hindu organisation in the country. This was the finding of High Court judge Carlton Best, who yesterday declared that the SDMS was denied equal treatment in the award of a licence to operate a radio station. The Maha Sabha had applied for the radio licence in 1999 while the United National Congress was in power, but Justice Best declared in a written judgment that change in the political directorate was no justification for differential treatment. The Maha Sabha filed a constitutional motion alleging bias and inequality of treatment before the law.

Justice Best delivered a written judgment in the case filed by Maha Sabha’s secretary general Sat Maharaj. The Hindu body contended that it applied 17 months before Citadel, which currently operates the radio station I 95.5 FM. The Maha Sabha never got a licence. On Citadel’s application being granted over and above the Maha Sabha’s, Justice Best stated in his judgment, “in the opinion of this court, this inaction on the part of the Cabinet constitutes a constructive refusal of the licences and a prima facie case of unequal treatment.” Maha Sabha’s application was made on December 1, 1999, but communication broke down between the Director of Telecommunications as to the status of its application. Up to November 2001, Justice Best pointed out, the “relevant authority” had not received or dealt with an application for a radio licence from “Citadel or from its executive chairman, Louis Lee Sing, a known supporter of the ruling party.” Justice Best then referred to deputy Director of Telecommunications, Mala Guiness’ affidavit in response.

She stated that due to staff shortages, a number of applications for licences went missing. The Maha Sabha and even Citadel’s were among them. The State challenged the motion, which was argued by Senior Counsel Russel Martineau. Queen’s Counsel Dr Fenton Ramsahoye and attorney Anand Ramlogan represented the Maha Sabha. But Justice Best stated in his judgment that on April 8, 2002, the “Division” received a letter dated January 16, 2002, to which was attached Citadel’s application. In July 2002, more documentation was supplied by Citadel, but all that time, the Maha Sabha’s application remained pending. Justice Best pointed out in his 12-page judgment that from the date of the approval of the Maha Sabha’s application by the Director of Telecommunications, to the filing of the Hindu organisation’s motion, the Cabinet simply chose not to respond to the Maha Sabha’s application for the radio licence.

Justice Best stated: “In the opinion of this court, this inaction on the part of the Cabinet constitutes a constructive refusal of the licences and is a prima facie case of unequal treatment, in the circumstances of an application by Citadel Ltd for a licence on March 13, 2001, and their approval by the relevant ministry of broadcasting on the frequency FM95.5 MHZ subsequent to July 24, 2002.” The judge stated that the lack of staff and the inefficiency in the Public Service, change of venue, political directorate and policy in the view of the court, should not be allowed to stand as a justification for the differential treatment meted out to the applicants (Maha Sabha). The judge granted the Maha Sabha the constitutional reliefs it sought and ordered the State to pay cost fit for senior and junior counsel.