– as judge on leave
CN Sharma’s High Court challenge to the four-month suspension of his television licence is now in limbo as Justice William Ramlal, who was set to deliver a key ruling in the matter, has proceeded on approved leave.
Sharma’s attorneys, Nigel Hughes, Stephen Fraser and Khemraj Ramjattan wrote to the Chief Justice (ag) Ian Chang earlier this week seeking an urgent intervention to secure the hearing and determination of the matter after learning that the judge was on leave as of last week.
Justice Ramlal was expected to rule yesterday on the preliminary point of whether the President could be sued in the local courts. The issue of presidential powers, which was argued extensively during the hearing, which commenced last month, will determine the immunity of the Head of State, and, ultimately, whether Sharma’s challenge to the suspension of his television licence could be heard. It also points to the President sitting and determining a complaint in which he was the subject.
In a letter to the Chief Justice, dated May 21, Sharma’s lawyers said the television owner has already suffered severe prejudice as a result of executive action and now faced further disadvantage as a result in the delay of the hearing. They pointed out that Justice Ramlal was unlikely to return before the end of August.
The attorneys said Sharma’s matter touched a matter of considerable constitutional importance and grave economic importance to the station owner.
In his application before the court, Sharma is requesting a conservatory order restraining Jagdeo, who is the Minister of Information, his servants and or agents from suspending and or continuing to suspend his licence until the hearing and determination of the motion.
He is also seeking a conservatory order staying the suspension of his licence until the matter is determined. Additionally, the television station owner is requesting an order nisi for Jagdeo to show cause why his decision to sit, hear and determine the complaint in which the subject of the complaint involved a threat made against him, should not be quashed as a decision which is ultra vires, in breach of the rules of natural justice and fairness and null and void.
Sharma was ordered off the air for four months over an on-air licence infringement committed in February, a move that Sharma referred to as dictatorial and one that has sparked protests, with some calling for a reversal.
