‘Misconceived’: SC registry refuses to accept Govt’s plea on 2G spectrum verdict

New Delhi: The Supreme Court Registry has reportedly declined the Central Government’s request to amend the 2012 judgement regarding the 2G spectrum allocation. The original verdict mandated that the state must utilise auctions for the distribution of natural resources.

The registry labelled the government’s plea as misconceived, suggesting it was a covert attempt to review the judgement rather than seeking clarification. Citing Order XV Rule 5 of the Supreme Court Rules, 2013, the Registrar rejected the plea, which allows for refusal of petitions lacking reasonable cause or containing frivolous or scandalous content. However, the government retains the right to challenge this refusal within 15 days.

The 2012 ruling, which annulled the 2G spectrum licences issued under former Telecom Minister A Raja, has been a point of contention. On April 22, Attorney General R Venkataramani, representing the Centre, requested an urgent hearing of the application before Chief Justice D Y Chandrachud and Justice J B Pardiwala, arguing for a modification of the verdict to permit the granting of 2G spectrum licences under certain conditions.

The Centre’s application sought an exemption from auctioning 2G spectrum for non-commercial, sovereign functions, proposing that spectrum assignment could be administratively processed if deemed necessary by law, in the public interest, or if auctions are impractical for technical or economic reasons.

Advocate Prashant Bhushan, representing the NGO Centre for Public Interest Litigation, one of the original petitioners, contested the application. He reaffirmed the Supreme Court’s stance that auctions are the sole method for awarding natural resource licences, such as spectrum.

The Chief Justice instructed the Attorney General to submit the request via email.

The Supreme Court’s 2012 judgement emphasised the state’s obligation to ensure a fair and non-discriminatory method for the allocation of scarce resources like spectrum, favouring a well-publicised auction as the most equitable approach.

Recently, the Delhi High Court accepted a CBI appeal against the acquittal of Raja and others in the 2G case, highlighting inconsistencies in the trial court’s decision that warrant further scrutiny.

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.