2G scam: SC to take up review petition on licence cancellation
Justice KS Radhakrishnan has been put on the Supreme Court bench to hear a bunch of pleas by the Centre and various telecom firms, seeking reviews of various aspects of the verdict cancelling 122 2G spectrum licences.delhi Updated: Apr 02, 2012 22:51 IST
Justice KS Radhakrishnan has been put on the Supreme Court bench to hear a bunch of pleas by the Centre and various telecom firms, seeking reviews of various aspects of the verdict cancelling 122 2G spectrum licences.
He replaces AK Patnaik, who came in the place of justice Asok Ganguly, who has retired.
Justice GS Singhvi, who is heading the bench in the 2G matters, earlier on March 16 had said chief justice SH Kapadia has set up a new bench comprising him and justice Patnaik for hearing all cases on the 2G spectrum scam.
The cause list for tomorrow, however, shows that justice Singhvi and justice Radhakrishnan will take up the petitions for in-chamber hearing, which is normally done in case of the review and curative pleas.
A bench of justices GS Singhvi and AK Ganguly (now retired) had passed a slew of rulings in the scam including the order cancelling the 122 2G spectrum licences granted by former telecom minister A Raja and had held that the first-come-first-served (FCFS) policy could not be used for the allocation of natural resources.
It had also pulled up the PMO for sitting on the complaint filed against Raja and set a time limit of four months for the government to take a decision on granting sanction to prosecute a corrupt public servant.
In the aftermath of the apex court verdicts, several petitions have been filed by various bodies, including the Centre, the telecom firms, the NGOs and former minister Raja, seeking various reliefs, including review, clarification and recall of the apex court's order.
Swamy and the NGO, Centre for Public Interest Litigation have moved the apex court against the trial court order giving clean chit to Chidambaram in the scam.
Telecom companies - Tata Teleservices, Sistema Shyam TeleServices Limited (SSTL) and Uninor--- have sought review of the verdict cancelling their licences.
The Centre has also sought review and clarification in the 2G verdict which held that sanction for the prosecution of public servants could be sought even prior to the filing of complaint.
It has sought review of the apex court's January 31 verdict which blamed the Prime Minister's Office (PMO) for sitting on the plea to Prime Minister Manmohan Singh for granting sanction to prosecute Raja.
Faced with the June 2 deadline, when 122 licenses for 2G spectrum will stand quashed, the government has virtually sought extension of time for cancellation of licences .
The main accused in the scam, Raja has also pleaded for a review of the verdict on cancellation of licences, saying it violates the "principles of natural justice" and "judicial norms" and that he was indicted without being heard.
Raja, who has been in jail for more than a year, has contended the findings in the verdict against him are "bound to prejudice" his defence in the trial.
In a separate application, the Centre has questioned the apex court verdict, which has held as unconstitutional the policy of first-come-first-served, saying it has entered into the exclusive domain of the executive and beyond the limits of judicial review.
The review petition has contended the apex court's prescription of a single method for distribution of all natural resources, including spectrum, through "auction" route is contrary to the principle of separation of powers embodied in the Constitution.
First Published: Apr 02, 2012 22:49 IST