The Court of Appeal issued notice returnable on August 3 on the TRC and eight others in a case filed by LBN Limited of Colombo 5. The Court of Appeal comprised Justices K. Sripavan and Sisira de Abrew.
The petitioners LBN Limited of Colombo 5 had cited TRC of Sri Lanka Colombo 8, SSP Sisira Mendis Director CID, DIG Asoka Wijethilleke and Inspector General of Police as respondents. The petitioner stated that under cover of a unilateral reporting made by the CID and the order for search and seizure obtained thereon, the second to fourth respondents and/or their servants and agents wrongfully and/or illegally stormed the petitioners establishment and summarily and effectively shut it down causing irreparable and indeed, irreversible loss and damage and irremediable mischief to not only the petitioner but also to a large segment of the public, which has subscribed to the cable services.
The petitioner stated that the actions of the second respondents are actuated by mala fide, collateral and extraneous objectives and actuations and they are acting at the behest and instances of persons with vested interests who enjoy high political patronage and influences and who are intent on destroying the petitioners operations so as to secure for themselves, the lucrative subscriber networks which the petitioner now has in place. The petitioner stated that otherwise, there is no explanation for this sudden and precipitous interference and intervention. The petitoner further stated that it apprehends that this whole process had been further precipitated by the action taken against CBNSat.
In all these circumstances the petitioner must, as a matter of imperative, ensure the continuity of the business as even a closure in excess of two weeks will result in a complete cessation of the influx of revenue and massive loans taken by the petitioner will be foreclosed by the relevant banks. Furthermore the International Broadcasting television channels will terminate their contracts with the petitioner. Closing down the petitioners business summarily is totally unreasonable and unfair after six long years and especially after a massive investment and subscriber network has been established and numerous contractual agreements executed whereby rights and liabilities in law have been created. The petitioner stated most emphatically that he is conducting its operations lawfully.
The petitioner stated, in any event, the effective closure of the petitioners cable television operation by sealing the same was not the only course of action available and there was an option of election, even if punitive sanctions could be proved to be warranted. The petitoner stated that there is a serious violation of the principles inter alia of proportionality and fairness.
The petitioner stated, that application will be nugatory unless the court is pleased to issue an interim order prayed for including restoring the petitioners transmitting operations. On the earlier date State Counsel informed court that the authorities were taking steps to issue a license to the peititioner. However, in view of the long delay in issuing the license he could suggest that the authorities issue a temporary license until the proper license is decided upon by the Minister of Mass Media.
Attorney at Law Sanjeewa Jayawardena with Nigel Bartholomeuse and M.R Amerasuriya instructed by Sudath Perera Associates appeared for the petitioner. M.A Sumantiran with Nishanka Sirimanne appeared for the intervenient petitioner. Mr. Palitha Kumarasinghe PC with I. Idroos appeared for the first respondent. Additional Solicitor General Sathya Hettige and Senior State Counsel Sumathi Dharmawardena appeared for the second and fourth respondents. Kuvara De Zoysa appeared for intervenient respondent. Chandana Jayasinghe appeared for the intervenient petitioner.
By Leary Beekmeyer
The petitioners LBN Limited of Colombo 5 had cited TRC of Sri Lanka Colombo 8, SSP Sisira Mendis Director CID, DIG Asoka Wijethilleke and Inspector General of Police as respondents. The petitioner stated that under cover of a unilateral reporting made by the CID and the order for search and seizure obtained thereon, the second to fourth respondents and/or their servants and agents wrongfully and/or illegally stormed the petitioners establishment and summarily and effectively shut it down causing irreparable and indeed, irreversible loss and damage and irremediable mischief to not only the petitioner but also to a large segment of the public, which has subscribed to the cable services.
The petitioner stated that the actions of the second respondents are actuated by mala fide, collateral and extraneous objectives and actuations and they are acting at the behest and instances of persons with vested interests who enjoy high political patronage and influences and who are intent on destroying the petitioners operations so as to secure for themselves, the lucrative subscriber networks which the petitioner now has in place. The petitioner stated that otherwise, there is no explanation for this sudden and precipitous interference and intervention. The petitoner further stated that it apprehends that this whole process had been further precipitated by the action taken against CBNSat.
In all these circumstances the petitioner must, as a matter of imperative, ensure the continuity of the business as even a closure in excess of two weeks will result in a complete cessation of the influx of revenue and massive loans taken by the petitioner will be foreclosed by the relevant banks. Furthermore the International Broadcasting television channels will terminate their contracts with the petitioner. Closing down the petitioners business summarily is totally unreasonable and unfair after six long years and especially after a massive investment and subscriber network has been established and numerous contractual agreements executed whereby rights and liabilities in law have been created. The petitioner stated most emphatically that he is conducting its operations lawfully.
The petitioner stated, in any event, the effective closure of the petitioners cable television operation by sealing the same was not the only course of action available and there was an option of election, even if punitive sanctions could be proved to be warranted. The petitoner stated that there is a serious violation of the principles inter alia of proportionality and fairness.
The petitioner stated, that application will be nugatory unless the court is pleased to issue an interim order prayed for including restoring the petitioners transmitting operations. On the earlier date State Counsel informed court that the authorities were taking steps to issue a license to the peititioner. However, in view of the long delay in issuing the license he could suggest that the authorities issue a temporary license until the proper license is decided upon by the Minister of Mass Media.
Attorney at Law Sanjeewa Jayawardena with Nigel Bartholomeuse and M.R Amerasuriya instructed by Sudath Perera Associates appeared for the petitioner. M.A Sumantiran with Nishanka Sirimanne appeared for the intervenient petitioner. Mr. Palitha Kumarasinghe PC with I. Idroos appeared for the first respondent. Additional Solicitor General Sathya Hettige and Senior State Counsel Sumathi Dharmawardena appeared for the second and fourth respondents. Kuvara De Zoysa appeared for intervenient respondent. Chandana Jayasinghe appeared for the intervenient petitioner.
By Leary Beekmeyer
4 comments:
Sorry but I don't understand lawyerspeak. Does this mean that the license is going to be issued on the 3rd. The LBN rep whom I spoke to today seems to think so.
LBN reps only thinks... they never have a solid answer when ever u call them. Lets wait till 3rd August and see...
Yes I agree with the 2nd comment. Don't rely on this useless reps from LBN. I have been calling them frequently since the services suspended. I think we know much information than them through this blog. Most of the time, we have to update them.
No hopes, we have to play a wait and see game.
Yeah the 2nd and the 3rd comment were right... Lets wait till tomorrow and see... Hope for the best.....
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