Cabinet given 28 days to deal with application

In an unprecedented move, the Court of Appeal yesterday ordered that the Sanatan Dharma Maha Sabha’s (SDMS) Central Broadcasting Services Ltd (CBSL) application for a radio broadcasting licence be placed before Cabinet for consideration within 28 days. in a unanimous decision, the court ruled that CBSL suffered unequal treatment by the State. But it  turned down an application by  Maha Sabha’s attorneys Dr Fenton Ram-sahoye SC and Anand Ramlogan,  to grant it a licence or direct Cabinet to grant the licence immediately. The court also rejected submissions of mala fides by the State. 

In a prompt response, Maha Sabha said that if Cabinet does not act properly and grant the licence it will appeal even further to the Privy Council as this would be even more evidence of discrimination by the State. A statement from the Attorney General’s office said: “ We are studying the judgment but remain committed to the rule of law and deeply respectful of the decision of the courts.” The court, comprising Justices Roger Hamel-Smith, Margot Warner and Alan Mendonca, wrote separate judgments but unanimously allowed the appeal and dismissed a cross appeal filed by the State. The State was also ordered to pay CBSL damages for breach of its constitutional rights — a finding of discrimination made by the court. The State was also ordered to pay CBSL half the costs of the appeal and the cross appeal.
 
The Maha Sabha formed the  company called CBSL and applied  for a radio licence in 1999. Sometime later  the Maha Sabha as a religious organisation also filed for a licence. Neither was  granted a licence but on March 13, 2002, Louis Lee Sing applied for a licence for his company Citadel Ltd, and a few months later a licence was granted. Lee Sing was described as a well known financier and supporter of the ruling  PNM party.   in his judgment, Justice Mendonca  said that while there was no evidence that this motivated the rapid consideration of Lee  Sing’s licence, there was no denying that there was a request by the relevant Minister — Hedwidge Bereaux, to expedite Citadel’s application which led to its speedy consideration by Cabinet. and this even though the Telecom-munication Division was not processing applications until a broadcasting policy was established.

Mendonca said the minister’s explanation for expediting Citadel’s application “really says nothing. That explanation simply does not assist in determining the reasonableness of the act, nor does it serve as an explanation for the selection of Citadel Ltd.” He said one of the aims of the equality provision of the Constitution is to “strike down curry favour” and other unfair practices on the part of those who manage and operate the wheels of justice.