State obtains interim injunction against Guyana TV station

Wednesday, February 2, 2005

GEORGETOWN, Guyana: According to the Association of Caribbean Media Workers, the Attorney General of Guyana, Doodnauth Singh, acting on behalf of the state, has obtained an interim injunction against CN Sharma and Savitree Singh restraining them from transmitting in any form on Channel Six while the suspension of his television licence remains in force.

Justice Winston Patterson granted the state's ex parte application on Sunday. The application further restrains Sharma and his wife from obstructing or hindering the servants, agents of officers of the state from taking such necessary steps to give effect to the said suspension of his television licence. 

Meanwhile, Sharma's highly publicised High Court proceedings, seeking to lift the suspension of his broadcast licence, was due to come up Tuesday before Justice Rishi Persaud. On Friday, defendants named in the constitutional motion filed by Sharma were granted 48 hours notice, as set down by High Court rules. 

Following an application by lawyers for Sharma, Justice Persaud had ordered that summons before the court as well as copies of the order, be served on the defendants, which were returnable for Friday afternoon. Attorney General Singh, a defendant in the matter appeared in court on Friday and raised the issue of noncompliance with court rules after being served without the two days notice. 

Singh then argued that no proper notice was given to the defendants, adding that the service was null. But, attorney-at-law Stephen Fraser for Sharma rebutted the AG's arguments. He said that it is within the court's power to order service. 

In response, the AG noted there is no authority that the rule is not applicable to every stage of the proceedings. Justice Persaud in granting the 48 hours notice, said both himself and counsel for Sharma did not comply with the court rules. 

Through his attorneys, Stephen Fraser, Nigel Hughes and Teni Housty, Sharma filed a constitutional motion in the High Court to have an ex parte hearing for Conservatory Orders to quash the decision by the National Frequency Management Unit (NFMU), and others, to suspend its operations. 

Sharma is asking for an order prohibiting the defendants from interfering with the transmission of his television station until an order forthwith vacating the Prime Minister's suspension of his television station licence. He is also asking for damages in excess of $2 million for breach of fundamental rights. The named defendants in Sharma's claim are the NFMU, the CEO of the NFMU, Valmikki Singh, Prime Minister Sam Hinds, Commissioner of Police, Winston Felix, Superintendent of Police, Balram Persaud and the Attorney General. 

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