Centre Seeks Modification Of 2012 2G Spectrum Verdict In Supreme Court

More than 12 years after its delivery, the Supreme Court was petitioned by the Centre on Monday seeking modification of its verdict in the 2G spectrum case, which had declared that the State was duty-bound to adopt the auction route when transferring or alienating the country's natural resources.

In a judgement delivered on February 2, 2012, the 2G spectrum licences granted to various firms during A Raja's tenure as the telecom minister in January 2008 were quashed by the apex court.

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2012 2G Spectrum Verdict

An interim application was mentioned before a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala by Attorney General R Venkataramani, representing the Centre, on Monday. Urging an urgent listing of the application, the top law officer informed the bench that the plea seeks modification of the 2012 verdict as the Centre intended to grant 2G spectrum licences in certain cases.

Advocate Prashant Bhushan, appearing for NGO Centre for Public Interest Litigation, one of the petitioners on whose plea the February 2012 verdict was delivered, opposed the application and mentioned that the issue had been well-settled by the apex court in its judgement, which stated that auction is the sole mode for granting licences for natural resources like spectrum.

"We will see, you please move an e-mail," the CJI was quoted telling Venkataramani. In its 2012 judgement, it was stated by the apex court, "When it comes to the alienation of scarce natural resources like spectrum etc, it is the burden of the State to ensure that a non-discriminatory method is adopted for distribution and alienation, which would necessarily result in protection of national/public interest.

The top court had said in its view, that a duly publicised auction conducted fairly and impartially was perhaps the best method for discharging this burden. "In other words, while transferring or alienating the natural resources, the State is duty-bound to adopt the method of auction by giving wide publicity so that all eligible persons can participate in the process," it had said.

On March 22 this year, the Delhi High Court admitted a CBI appeal against the acquittal of Raja and 16 others in the 2G spectrum allocation case, paving the way for hearing the matter six years after the plea was filed by the agency. Admitting the Central Bureau of Investigation's appeal, the high court had said there were "some contradictions" in the trial court's judgment which required "deeper examination".

A special court had on December 21, 2017, acquitted Raja, DMK MP Kanimozhi and others in the CBI and ED cases related to the 2G spectrum allocation. On March 20, 2018, the CBI approached the high court, challenging the special court's judgment. The CBI had alleged there was a loss of Rs 30,984 crore to the exchequer in allocation of licences for 2G spectrum which were scrapped by the top court on February 2, 2012.