Furious Supreme Court warns govt not to play with its 2G order

NEW DELHI: The Supreme Court on Friday warned the Union government not to play with its order mandating auction of all 2G spectrum licences and said prima facie it found that the entire range of spectrum available after cancellation of the licences had not been put up for public auction.
"We can tell you clearly – prima facie you are not carrying out the court's order. You are playing with the court's order.We are clear that you were required to grant fresh licences in all 22 service areas and you have not done it," the court said.
Several private telecom players enthusiastically pointed out that the Centre had not fully complied with the apex court's February 2 judgment ordering auction of all 122 licences cancelled and that only a part of the available bandwidth under 800 MHz, 900 MHz and 1800 MHz had been put up for auction, the process for which commenced after repeated extension of time sought by the Centre.
A bench of Justices G S Singhvi and K S Radhakrishnan doused the enthusiasm by observing that compliance of the February 2 order directing auction of cancelled licences was a matter between the court and the government. "We will not hear any private party on this issue," it said.
At the same time, the bench disagreed with additional solicitor general Amarjit Singh Chandiok's stand that the government had implemented the court's order in letter and spirit and asked the Centre to file a fresh affidavit by November 19 detailing how it had implemented the order.
The bench said, "The order relating to auction of 2G spectrum licences was clear and related to all three bandwidths. How did your officials curtail it? Ask your officers to read the recommendation of the Telecom Regulatory Authority of India (Trai). It pertained to all three bandwidths. If you are suggesting Trai had done it, then read the recommendations. It is very clear."
Chadiok said as far as 800 MHz licences were concerned, there were no bidders in the auction process. "For the grant of spectrum licences in the 1800 MHz bandwidth, there are five bidders," he said.
But the court wanted the Department of Telecom to file a fresh affidavit with documents to show that it had complied with the apex court's February 2 directive in letter and spirit.
The government will need to examine the issue closely as the telecom secretary, while seeking extension of time for auction of the cancelled licences earlier, had filed an affidavit promising the court that its February 2 directive would be complied with in letter and spirit irrespective of the outcome of the 2G presidential reference seeking clarification on "auction route" for all natural resources.
Of the three bandwidths, 900 MHz was not part of the direction for auction as no licences were cancelled in this, DoT sources said. "Adequate spectrum has been auctioned in the 800 MHz and 1800 MHz bands. Enough spectrum is available for all five bidders seeking 30 licences in the 1800 MHz band. All bidders for licences in the 800 MHz band have withdrawn," the sources said.
dhananjay.mahapatra@timesgroup.com