Attorney Fareed Ali is of the view that Exodus Steelband lies between a rock and a hard place.
He informed News Power that where the law does not provide for changing the song and Pantrinbago has to decide, the pan body ought to provide reasons for barring Exodus from changing the song.
He said the lack of reasons may not be in the interest of natural justice and set policy guidelines that the public interest may be best guided by.
Although Pan Trinbago may have made a decision constitutionally, any body, including Exodus need to be treated equally before the law according to Section 4(b) of our constitution.
The decision may be challenged under the Judicial Review Act on the basis of the “unreasonableness of the decision” to prevent them from changing the song.
If, for policy, reasons Exodus are being prevented then it ought to be explained to Exodus.
Mr Ali says Pantrinbago cannot make a decision behind closed doors and withhold/exclude from the public forum the reasons.
The law does not support Pantrinbago in preventing the change but the law does not positively prevent exodus from exercising that constitutional right to freedom of expression and right to life and liberty guaranteed under the constitution.
He revealed the issue is if exodus feels discriminated against they ought to seek refuge in the court.