By AZARD ALI Wednesday, September 23 2009

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SatnarAYAN Maharaj...

FOR failing to grant the Maha Sabha a radio licence, a High Court judge yesterday ordered the State to pay the Hindu organisation almost $3 million.

Justice Ronnie Boodoosingh presiding in the San Fernando High Court made the order based on the recent Privy Council’s ruling in which the Law Lords held that the Government had breached the Maha Sabha’s constitutional rights.

Obeying the judgment, Cabinet immediately granted the licence and the Maha Sabha set up Radio Jagriti 101.1 FM. The organisation and its Central Broadcasting Services Ltd (CBSL) filed court proceedings for assessment of damages.

Satnarayn Maharaj, secretary-general of the Maha-Sabha, and CBSL’s chief executive officer, Devant Maharaj, filed affidavits claiming that the licence was granted on September 22, 2006 following the judgment. CBSL began broadcasting on January 19, 2007.

Both contended in affidavits filed that during that period of one year, had the Cabinet granted the licence when it was first applied for, the radio station would have raked in approximately $3 million.

Both Maharaj and Devant testified that the radio station is a religious broadcasting station which caters to the Hindu community, and has a unique share of the advertising market among people who practice the religion.

Boodoosingh referred to Maharaj’s evidence in which he stated that had the licence been granted, the radio station would have raked in much advertisement during the Hindu festivals of Divali, Ramleela, Indian Arrival Day, Indian Heritage month and Baal Vikaas.

Stating that he took into account the speculative income the radio station would have earned, Boodoosingh stated in his judgment that the station would have made a fair profit.

But the judge went on to state that Citadel managed by Louis Lee Sing, was granted a licence, long after the Maha Sabha was refused. “In my view, the relevant time to consider the breach of the right to unequal treatment, and accordingly to fix the time for the start of the assessment of damages, is the date of the grant to Citadel Limited,” Boodoosingh stated.

Attorney Anand Ramlogan, instructed by Cindy Bhagwandeen, represented the Maha Sabha; Senior Counsel Russell Martineau represented the Attorney General.

In making the award, Boodoosingh stated that there was an unexplained and unjustifiable discrimination against the Maha Sabha by the licence refusal. “There was an apparent failure of the Cabinet to reconsider the licence application after the first order of the Court of Appeal,” the judge stated.

Boodoosingh ordered the State to pay the Maha Sabha $952,890 plus $60,000 in compensation. Awarding vindicatory damages, the judge ordered the sum of $500,000 be paid. It was further ordered that the State pay interest on the sums at the rate of 12 percent from the date the organisation filed the motion. The State must also pay legal costs.