ACB ordered to show cause why ruling in in Sharma case should not be quashed

Acting Chief Justice Ian Chang has issued an order in favour of CN Sharma, asking the Advisory Committee on Broadcasting (ACB) to show cause why its ruling and recommendation to suspend CNS Channel Six’s broadcast licence should not be quashed.

Issuing the ex-parte order yesterday, Justice Chang noted that the applicants—CN Sharma and Savitri Singh—had sought a writ or order of certiorari to quash the ACB’s findings that they were in breach of Regulation 23A of the Wireless and Telegraphy (Amendment) Act and the ACB’s recommendation of sanction against their TV station.

The breach allegedly occurred on May 4, this year during a commentary by Anthony Vieira, which was submitted to the President in his capacity as Minister of Information.

The ACB had recommended an eight-month ban directed at CNS Channel 6. This was subsequently reduced to four months following negotiations between the President, Sharma and Singh.

Justice Chang noted too that the applicants’ motion was filed on the grounds that the ACB was not lawfully constituted and therefore its decisions were unlawful, null and void.

He ordered that the court documents be served on Evan Persaud, Norman McLean, Ronald Case and the ACB.

The matter is returnable for November 4 before Justice Chang.