The Supreme Court registry has refused to list the Union government’s application seeking clarification on the 2012 verdict in the 2G Spectrum case, terming the action “misconceived” and an attempt to review the previous judgment.
The Centre sought the clarification in order to be able to administratively allocate spectrum in some cases in public interest or in pursuit of government function.
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Describing the application as effectively seeking a review of the 2012 judgment in the guise of a plea for clarification, top court registrar Pavanesh D asserted that the application “does not disclose any reasonable cause for being entertained” and declined to accept it in accordance with the provisions of Order XV Rule 5 of the Supreme Court Rules, 2013.
Under this provision, the Centre has the option to appeal to the court against the registrar’s decision within 15 days. While the registrar’s order is issued without oral arguments, the government may contest this order in a hearing in an open court.
The registrar also highlighted the nearly 12-year gap in filing the miscellaneous application, while underlining that the Union government had withdrawn its review petition filed against the verdict on May 10, 2012.
“The applicant is again attempting to obtain re-hearing of the matter in open court after long lapse of time, in the guise of filing the present application with a similar prayer which was already made in the review petition filed by the applicant,” stated the registrar’s April 25 order.
In February 2012, the Supreme Court invalidated licenses and spectrum allocations granted after January 2008 following allegations of corruption in the process during A Raja’s tenure as the telecom minister. It mandated that licenses and spectrum in the 2G band across 22 service areas should only be allocated through auctions. In 2013, the court ordered the auctioning of all released spectrum without further delay. This decision obligated the government to auction spectrum rather than allocate it.
After the judgment, the government initially filed a petition for review, but later withdrew it. Telecom companies also filed curative and review petitions, all of which were dismissed by the court in February 2013.
Subsequently, the government moved an application in December 2023 seeking permission for administrative allocation of spectrum in specific cases where auctioning is not technically viable.
In its application, the Centre requested an exemption from the auction method for non-commercial purposes, particularly for activities serving sovereign and public interest functions such as security, safety, and disaster management. It emphasised that such non-commercial use aligns with the objective of promoting the common good.
The application also highlighted situations where economic or technical considerations make auctioning impractical. Instances where demand is lower than supply or where spectrum sharing is more efficient, as seen in space communication, were cited as examples by the Centre. It stressed the importance of ensuring optimal resource utilisation in such cases.
Additionally, the plea referred to scenarios where commercial spectrum use necessitates limited and sporadic purposes, such as radio backhaul or one-time usage, where auctioning may not be financially viable. In these cases, spectrum allocation is carried out administratively, albeit provisionally, in light of the 2G verdict, it said.
The Centre urged the court to issue a clarification that would allow for the administrative assignment of the spectrum, provided it aligns with governmental functions or public interest, or if technical or economic reasons warrant such an approach.
On April 22, attorney general (AG) R Venkataramani, representing the Centre, brought forth the application before Chief Justice of India (CJI) Dhananjaya Y Chandrachud, requesting an urgent listing of the application in the wake of administrative difficulties being faced by the government in certain instances of spectrum allocation.
As reported by HT on April 24, Union communications minister Ashwini Vaishnaw clarified that in accordance with the 2023 Telecommunications Act, the government will continue to follow the auction process for allocation of spectrum, and that it was not seeking to get the 2G judgment modified. “We are already following the auction process for allocation of spectrum for mobile services and will continue to follow it,” Vaishnaw said.
However, the SC registrar found that the government failed to present a reasonable cause for seeking clarification, pointing out that the 2012 judgment did not authorise the government to file such an application, especially after withdrawing the review petition.
Citing Supreme Court precedents, the registrar highlighted that several applications for clarification and modification are essentially indirect attempts to review judgments. In this case, the registry deemed the application inappropriate, especially considering the significant time lapse since the 2G judgment in 2012, and lodged the Centre’s plea.
