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CNS TV6 licence suspension…Lawyers approach Chief Justice

Jun 11, 2008 News

Lawyers for television host Chandra Narine Sharma are in limbo over the suspension of his broadcast licence and have contacted Acting Chief Justice Ian Chang on a way forward.
It is now more than two weeks since Justice William Ramlal was expected to make a ruling on the suspension, but until now there is still no word on the matter.
Sharma’s team of lawyers — Nigel Hughes, Khemraj Ramjattan and Stephen Fraser — was anticipating a ruling on whether President Bharrat Jagdeo has absolute immunity from prosecution, and whether the court has jurisdiction to hear a complaint against him.
Sharma has challenged the Head of State over the suspension of his broadcast licence.
Justice Ramlal was expected to make a ruling on a preliminary point on May 23, but was reportedly out of the jurisdiction.
Lawyers were assured that he would return the following week, but they are yet to confirm whether he is in or out of the country.
When contacted, Justice Chang said he would undertake to urge Justice Ramlal to rule on the conservatory order as soon as he returns to work.
Sharma’s constitutional motion is seeking a conservative order to rescind the suspension.
President Bharrat Jagdeo, acting in his capacity as Minister of Information, ordered a four-month suspension of the licence of CNS Channel Six after threats were made to his life during a live call-in programme on CNS 6.
The Attorney General Doodnauth Singh and one of Sharma’s lawyers, Ramjattan, have already handed over written submissions to the court.
The AG contends that President Jagdeo is not answerable to any legal authority for his decision to suspend the licence, or for any other decision made during the performance of his functions.
He said the President is not answerable to any court, and enjoys absolute immunity from all types of prosecution both in his private and official capacities.
In reply, Hughes dismissed the contention that the President’s immunity is absolute by stating that the law of immunity is only applicable in his private capacity.
Hughes argued that the President is not above judicial or legislative powers, and enjoys no protection should he violate the fundamental rights of a citizen.
“In addition, he (the President) could only use the powers given to him as Minister responsible for Broadcasting and not as President,” Hughes explained.
Judge Ramlal had requested disclosure on whether damages can be awarded against the state, should the President be found in violation of the constitution.
He had also asked the parties to submit legal authorities on whether the Attorney General can be called to answer regardless of the President’s immunity from prosecution.
Sharma is seeking a declaration that the suspension of his licence by the Minister responsible for Telecommunications is a breach of his right to secure protection of the law.
The motion also includes a request for a declaration that the decision of the Information Minister to hear and determine a complaint in which he was the subject matter is in breach of the rules of natural justice, fairness; and as such is null, void, and of no lawful effect.
There is also a request for a conservatory order repealing the suspension of the licence until the determination of the motion.

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