Government of India has filed a petition in the Supreme Court against its Ruling in the 2 G scam, cancelling 122 Licences and observing the First come first served approach to National Resources is flawed.
Filing against this , the Government states
” the Department of Telecommunication defended the first-come-first-served policy and submitted the court’s recommendation for auction in case of distribution of natural resources went against the principles of the Constitution.
“The finding in the judgment that the state is duty bound to conduct a public auction whenever it distributes natural resources, such that said resources always go to the highest bidder, is contrary to the principle in the Constitution and various legislations which prescribe various alternative method of distributing natural resources, including the policy of first-come-first served,” the plea said…
The government’s petition filed under Article 137 of the Constitution contended that the Supreme Court verdict of February 2 “is liable to be reviewed since there are errors which are apparent on the face of the record.”
The petition said: “The court would further have had to consider that as the urban market is already captured by existing telecom providers, there is a need to induct new telecom service providers who would provide service in semi urban and rural areas,” it said.
The petition further said: “The court failed to appreciate that in order to facilitate tele density it was necessary to offer at competitive rates thereby allowing millions of rural and semi urban consumers to gain access to telecom services.”
It also maintained that the apex court’s prescription of a single method for distribution of all natural resources, including spectrum, through the “auction” route was contrary to the principle of separation of powers embodied in the Constitution….
“The impugned judgment is, with the greatest respect, internally contradictory as it holds the policy was flawed because it did not adhere to the principles of equality, while acknowledging that the policy was based on the twin principles of level playing field between different players, as well as including the need to promote affordability and increase penetration of wireless services in semi-urban and rural areas, both of which promote the principle of equality,” the petition said.
http://www.deccanherald.com/content/231512/2g-judgement-went-beyond-limits.html
The Supreme Court, if one were to read the judgement carefully does not totally rule out the FCFS principle, but has passed this order in this case as the even the FCFS principle was observed to suit the Companies and to fill in the pocket of the Politicians and A.Raja.
What are the other sources open for distributing Natural Resources?
Tendering is what comes to mind.
First come first served Policy-in how many instances has it been followed and with what results?
The purpose of Tendering is to have available options to determine the best.
In the FCFS, how does one find that out and by what yard stick?
By the ability of the Companies to bribe?
The Supreme Court has interfered in the 2 G case at corruption has come to light-that too corruption at astronomical proportions.
True the Court does not have the power to usurp or interfere with the Executive.
But when the Executive is Corrupt and is mending laws to suit the personal aggrandizement of the Politicians-by even holding meetings among Ministers with our-notes, calling them,’paperless decisions’ and sets impossible terms for genuine participants in the tendering processes by asking to remit money to the tune of Crores as EMD with in a couple hours,the Court has every right to dictate to the Executive..
The statement that only FCFS alone will ensure Teledensity is laughable.
Another ridiculous part of the Review petition is that the Companies have to invest more in the case of Tenders and it will become unviable to run the Service effectively and the Common man will be affected.
How and why does the Tendering Authority worried about the economics of the companies participating in the Tender?
Do they not know that none will quote if the project is not viable.
The Government, by filing the Review Petition has more than tipped its intentions of burying the 2 G investigation.
Related articles
- 2G Scam – Full judgment text of Supreme Court (Writ (C) No. 423 of 2010 (notestomyself.wordpress.com)
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