SC slams centre over 2G auction
Monday November 19, 2012 09:04:58 PM,
IANS
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New Delhi: The
government Monday came under fire for not complying with the
Supreme Court's order to auction the entire spectrum that became
available following the cancellation of 122 2G licences in 22
circles in February.
"We were very unfairly not informed by the concerned officer that
the entire spectrum was not being auctioned," the court said,
referring to the Nov 12 spectrum auction which evoked a poor
response.
The court directed the telecom secretary to file an affidavit as
to why there was no total compliance of its Feb 2 order, directing
the allocation of spectrum in 2G band by way of auction.
The direction to the telecom secretary came after the apex court
bench of Justice G.S. Singhvi and Justice K.S. Radhakrishnan
rejected an affidavit filed on the issue by an under secretary.
Pulling up the central government, the court said: "They were
expected to auction entire spectrum (which became available after
the cancellation of 122 2G licences)."
Holding back of even 0.1 percent of spectrum was not acceptable,
the court said.
"It is not fair for the officer not to report to the court the
correct facts," the court said, observing that all through when
extension of time was being sought that was under the impression
that its order would be carried out in toto.
While refusing to accept the affidavit filed by the under
secretary, department of telecommunications (DoT), the court
recalled that on an earlier occasion it had rejected an affidavit
filed by another officer and had sought an affidavit by the
secretary, DoT.
The court Nov 9, while adjourning the hearing in the matter, said:
"After hearing the submissions of the learned additional solicitor
general in the light of the documents produced by him, we deem it
proper to adjourn the case to Nov 19 so that he may seek
instructions from the concerned authority and file an affidavit on
the issue of total compliance of Para 81(iii) of judgment dated
Feb 2."
Para 81(iii) of the Feb 2 verdict said: "Keeping in view the
decision taken by the central government in 2011, the Telecom
Regulatory Authority of India (TRAI) shall make fresh
recommendations for grant of licence and allocation of spectrum in
2G band in 22 service areas by auction, as was done for allocation
of spectrum in 3G band."
Centre for Public Interest Litigation (CPIL) counsel Prashant
Bhushan told the court that the entire process Nov 12 for
auctioning 2G spectrum was designed in such a way that it was
doomed to fail.
The court also asked the government to place before it the opinion
rendered by Attorney General G.E. Vahanvati on the question of
charge sheeting under the Prevention of Corruptions Act the
companies and individuals who earlier got excess spectrum.
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