…granted  6-week stay of execution to consider appeal
CHANDRANARINE Sharma, who had challenged the President’s suspension of his television licence for four months, lost his case yesterday. Chief Justice Ian Chang, S.C.ruled that the ACB Committee’s advice to the President to suspend  Channel 6 licence was a valid one.
And the judge noted that even if the members of ABC were not properly constituted by the principle of de facto recognition, the decision they made to advise the President was a valid decision.
The judge noted too that the Nisi Order was discharged.
Mr  Sharma  had  challenged the suspension of  his licence through a  prerogative  writ    pointing out that  a letter dated  27th  September,  signed by the  President Jagdeo,  and amended  by a letter dated  9th October, 2011, were ineffective.
The challenge was made on the ground that the ACB Advisory Committee on Broadcasting was not properly constituted.
It was contended that the ACB as constituted in May 2011 did not have the authority, under the regulation, to advise the  President, who was the Minister of Information .
It was also said by the applicants that findings and recommendations of the ACB to the President/ Minister of  Information are  ultra vires, null, void and of no effect.
It was also said that the penalty imposed on the applicants  by the  President/ Minister of information was a disproportionate interference with the applicants fundamental rights to freedom of expression guaranteed under the constitution.
But the Chief Justice  found that there was no violation of the Constitutional right of the applicants.
On application  by Mr. Neil Boston , one of the counsels for Sharma,   a stay of execution was granted to give  the  applicants  an  opportunity to discuss  with their  lawyers  whether  an appeal was necessary.
The members  of the Advisory Committee and the Attorney General  were  represented by  Mr. Ashton Chase, S.C.