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Govt approves presidential reference on SC’s 2G order

11 Apr 2012 Evaluate

The scam ridden government has decided to seek Supreme Court’s opinion on the order issued over the 2G spectrum scam. A presidential reference to this effect has been approved in the Union Cabinet on April 10, 2012 by all the ministers. The government has clarified that sanctioned reference has no quarrel with the SC order which quashed 122 2G licences issued at throw away prices by then telecom minister A Raja.

The reference seeks clarification on its judgment in the 2G case, whether it can even extend to the auction of natural resources across all sectors. Also, if the license issued in 1994 will also be affected by this order relating to 2007 award when it was offered on first-come-first-served basis; if it would have to withdraw spectrum allocated to the existing licences or charge retrospectively, this will have major impact on all celluar service provider. Presidential reference questions SC’s power to intervene in the policy decisions made by duly elected government.

The reference depicts that SC order has distressed government by raising doubts over its ability to ensure accurate implementation of policies. Post court’s ruling, government will be landing in legal tangle with global players who are affected by the 2G ruling. Telenor and Sistema have claimed about Rs 30,000 crore in damages from the government. On February 02, 2012, SC whilst quashing 122 2G licenses had refrained government from auctioning process as it did not provide undue benefit to any entity. 

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