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CNS TV6 licence suspension… Judge rules that President’s actions can be challenged
Justice William Ramlal yesterday ruled on the preliminary point in the CNS Channel Six licence suspension case stating that the actions of President Bharrat Jagdeo can be challenged in a legal jurisdiction.
However, Justice Ramlal did not grant the conservatory order which sought to restore the licence to accommodate the restoration of broadcasts.
CNS proprietor and talk-show host, Chandra Narine Sharma has taken the Head of State to task over the suspension of his broadcast licence.
Sharma has named Attorney General Doodnauth Singh as the respondent in a constitutional motion against the President.
The motion, which sought a conservative order to rescind the suspension, was filed by Attorneys-at-Law Nigel Hughes, Khemraj Ramjattan and Stephen Fraser.
President Bharrat Jagdeo, acting in his capacity as Minister of Information, ordered the four-month suspension, after threats were made to his life during a live call-in programme in April.
In his ruling, Justice Ramlal stated that the presidential immunity contained in Article 182 does not extend to Presidential acts.
Ramjattan told the court that he was surprised at the ruling, adding that the conservatory order should have been granted since it was found that the actions of the Head of State can be taken to task.
The Attorney General had submitted that President Jagdeo is not answerable to any legal authority for his decision to suspend the licence or any other decision made during the performance of his functions.
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.
The parties are to return to court on July 1 when the Attorney General will present his affidavit in reply to whether the licence should be restored.
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