Taxpayers will have to pay more than $2.6 million to the Sanatan Dharma Maha Sabha (SDMS) because of Government’s discrimination in denying a radio licence found to be indefensible in court.

As part of the compensation, the State was ordered to write a cheque for $500,000 as vindicatory damages-a sum larger than ever before.

The order was made yesterday by Justice Ronnie Boodoosingh, who said the award was meant to deter public officials from committing such wrongs again.

And he warned of the perils of State-sanctioned discrimination.

He said, ’We only need look to other societies to see how easily discrimination can take prosperous and seemingly stable states into violent conflict and barbarism. This is a greater danger the more scarce resources become.’

Among the reasons cited for awarding the millions was Cabinet’s ’unexplained and unjustified discrimination in favour of Citadel Ltd’, a company co-owned by PNM party supporter Louis Lee Sing.

Lee Sing, who is also chairman of State-run National Lotteries Control Board, said last night he was amused by the judgment since it was he who was discriminated against.

The Maha Sabha’s general secretary, Sat Maharaj, said Government now needed to act and identified the persons whose lied during the course of the case. (See related story)

It was the sudden granting of a broadcast licence to Citadel in August 2002 that triggered a lawsuit by the SDMS and its Central Broadcasting Services Ltd (CBSL) who had heard nothing of their application made two years before.

The case was fought all the way to the Privy Council, which ordered that a licence be granted without delay in 2006, and ordered an assessment of damages.

The Maha Sabha launched Radio Jaagriti the following year.

Their case was argued by attorneys Anand Ramlogan, Kent Samlal, Riad Ramsaran and Cindy Bhagwandeen.

The Attorney General was defended by Russell Martineau SC, Monica Smith, Anoushka Ramsaran and Sharon Sharma.

In a 36-page judgment delivered yesterday, Justice Boodoosingh calculated the projected profitability of the radio station had it been granted the licence in 2001.

Justice Boodoosingh said the unequal treatment ’would have been felt by many citizens who identify with the SDMS and who have identified with CBSL’s radio station. The breaches have to be seen in the context where non-Christians have historically felt discrimination’.

’...Also significant to note is that the reason why unequal treatment has occurred is often very difficult to say with precision. Where it is practised, the offender is hardly ever going to confess the true reason... What this case showed was discrimination, plain and simple. One applicant not as well placed, or evenly placed, as CBSL, was granted a licence in record time. Another was made to wait and wait, for years before they were even told that their application was refused.’

Justice Boodoosingh said, ’In a country where inequality of treatment is so much a part of our history, it is essential that public authorities act to promote fair processes and equality of opportunity.’

The award, the judge said, ’is meant primarily to deter public authorities and person exercising public functions from engaging in or persisting with unequal treatment. It is meant, also, to acknowledge the importance of both rights that have been contravened’.

-reporting by Nikita Braxton