THE Sanatan Dharma Maha Sabha has won its case against the State in its dispute for a radio licence...
News Source: Trinidad Express
Picture courtesy Trinidad Express
Yesterday High Court Judge Justice Carlton Best ruled that the Maha Sabha had not been treated equally by the Patrick Manning Cabinet when it was bypassed for a radio broadcast licence in favour of Citadel Ltd, which is owned by PNM supporter Louis Lee Singh.
In his judgment, Justice Best said the inaction on the part of the Cabinet (in dealing with the Maha Sabha's application) constituted a constructive refusal of the licences and is a prima facie case of unequal treatment.
He said the lack of staff and inefficiency in the Public Service, change of venue, political directorate and policy should not be allowed to stand as justification for the differential treatment meted out to the Maha Sabha.
However, Justice Best refused to direct the Government to grant the Maha Sabha a licence.
"This court considers it legally perverse that it be asked to make an order that can be interpreted as either coercing the Cabinet into making a decision or usurping the Cabinet's decision power," Justice Best said.
The State has been ordered to pay the Maha Sabha's legal costs for a senior and junior counsel.
The issue of appropriate compensation is to be dealt with before a Master in Chambers on a date to be announced by the Registrar of the Supreme Court.
Maha Sabha secretary general Satnarine Maharaj said he was happy with the judgment.
"I am pleased that Trinidad and Tobago still has a democratic society and that we could get redress by the court because the court is independent," Maharaj said.
"We complained about discrimination and I asked what is different between Louis Lee Singh and Sat Maharaj that he could get a licence in two days while we have been waiting for three years.
"I am glad he got his licence and he is functioning well and making money. All we are asking is why not give us a licence also?"
Maharaj said he expected Cabinet to now respond in a manner which would correct the discrimination against his organisation.
He said the Maha Sabha's attorneys, Dr Fenton Ramsahoye QC and Anand Ramlogan, are to decide what sort of time frame should be given to the Cabinet to respond.
Evidence in the constitutional motion challenging the 2002 decision to grant the licence to Citadel Ltd was heard in the First Civil Court in San Fernando two weeks ago.
Russell Martineau SC appeared on behalf of the State.
Ramsahoye argued that it was difficult to understand how Government could have granted a licence to Citadel Ltd without considering the Maha Sabha's applications which were made on December 1, 1999 and August 10, 2000.
Government granted Citadel Ltd a radio broadcast licence on August 8, two days after a dispute arose over who had the legal right to use the 92.5 FM frequency.
