Centre urges SC to modify 2G case verdict

Seeks modification of judgement to allow spectrum assignment through means other than public auction

NEW DELHI: Over a decade since the Supreme Court’s ruling on the 2G spectrum case, the Centre has approached the apex court for a revision of the 2012 judgement that mandated auctions for the allocation of public resources. The Centre has sought a modification of the judgement to allow the assignment of spectrums through processes other than public auctions in certain situations.

The original verdict, dated February 2, 2012, nullified the 2G spectrum licences issued under A Raja’s tenure as telecom minister on ‘first-come-first-served (FCFS) basis.

Attorney General R Venkataramani,

representing the Centre, presented an interim plea to Chief Justice D Y Chandrachud and Justice J B Pardiwala, requesting an expedited review. The Centre aims to reissue 2G spectrum licences under certain conditions.

Advocate Prashant Bhushan, representing the NGO Centre for Public Interest Litigation—one of the original petitioners—contested the Centre’s application, citing the Supreme Court’s established stance that auctions are the sole method for awarding public resource licences.

The Chief Justice instructed Venkataramani to submit the application via email for an early listing of the matter, which would be considered.

In its 2012 judgement, the apex court had said, “When it comes to 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, 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 had admitted a CBI appeal against the acquittal of Raja and 16

In 2012, the Supreme Court emphasised the state’s duty to use fair methods when allocating scarce resources like spectrum, safeguarding national interest