2G: SC to hear govt's Prez Reference

It seeks clarity on issues related to verdict that cancelled 122 licences. HT reports.

The Supreme Court on Friday agreed to hear government’s Presidential Reference in the 2G case that seeks to know the “permissible scope for interference by courts.”

A five-judge Constitution Bench headed by Chief Justice SH Kapadia issued notices to states and industrial chambers FICCI and CII while fixing July 10 as the next date of hearing.

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The court also issued notices to NGO Centre for Public Interest Litigation and Janata Party leader Subramanium Swamy on whose petition a bench then comprising justice GS Singhvi and justice AK Ganguly (since retired) had cancelled 122 telecom 2G licences by holding that the first-come-first-serve policy was illegal.

The reference, filed on April 12, has virtually sought a clarification on the verdict in which the court had also observed that natural resources across all sectors should be auctioned.

The reference has sought an opinion whether it was mandatory to auction all natural resources and if the 2G case could be given retrospective effect for radio waves granted since 1994.

The bench also comprising justices DK Jain, JS Khehar, Dipak Misra and Ranjan Gogoi said the notices shall be served within a period of two weeks to the parties by by email, fax, courier or by the messenger of the Union of India. Notices will be served to all states through their standing counsel.

The reference raises eight questions including whether there could be judicial interference in policy matters vis-a-vis disposal of natural resources and investments made by foreign investors under multi and bilateral agreements.