The Supreme Court on Wednesday admitted a review petition filed by the government against findings in its February 2 judgment that the allocation of 2G spectrum in 2008 via the first-come-first-served policy and not auction was per se flawed.
The petition wants the court to reconsider observations made in the judgment,which quashed all 122 UAS licences granted to private companies,saying the judiciary,by commenting on the demerits of the policy,had encroached into Executive domain.
The plea is likely to be heard on April 13.
The court had in the judgment observed that the policy to distribute natural resources is per se flawed and ultra vires the Article 14 of the Constitution. It had said auction is the only method that should be adopted by the government while transferring or alienating national resources. The (government) is duty-bound to adopt this method of auction while alienating or transferring natural resources.
The review petition said the judgment had apparently erred by examining the merits of the policy. The prescription by the court of the policy to be adopted,an auction,is an exercise which is beyond the jurisdiction of the courts. Policy-making is the exclusive domain of the Executive under the Constitution, the plea contended.
The bench of Justices G S Singhvi and K S Radhakrishnan,which is the new 2G Bench in the apex court,had met in their chambers on Tuesday to decide on a bunch of review petitions filed by the government,former telecom minister A Raja and several private telcos.
The court dismissed a review plea by Raja,who wanted to expunge cutting remarks made in the judgment against him,as not well-founded.
SC begins hearing on plea against PC
The Supreme Court on Wednesday began hearing the plea seeking a probe into the alleged role of Union Home Minister P Chidambaram in the 2G scam.
A bench of Justices G S Singhvi and K S Radhakrishnan took up the plea of the NGO,Centre for Public Interest Litigation,and directed the CBI,Enforcement Directorate and Income Tax department to file a status report on their probe in the 2G case within three weeks.