Thaindian News

New Delhi, Feb 2 (IANS) The operative parts of the Supreme Court’s decision Thursday in which it cancelled all 122 licences for 2G spectrum (airwaves) allocated to telecom companies in 2008 are:

* But for the vigilance of some enlightened citizens who held important constitutional and other positions and discharged their duties in larger public interest and NGOs, who have been constantly fighting for clean governance and accountability of the constitutional institutions, unsuspecting citizens and the nation would never have known how the scarce natural resource (airwaves) spared by the army has been grabbed by those who enjoy money power and who have been able to manipulate the system.

* The licences granted to private telecom companies on or after Jan 10, 2008 pursuant to two press releases issued Jan 10, 2008 and subsequent allocation of spectrum to the licencees are declared illegal and are quashed.

* The above direction shall become operative after four months.

* Keeping in view the decision taken by the central government in 2011, the TRAI (Telecom Regulatory Authority of India) shall make fresh recommendations for grant of licence and allocation of spectrum in 2G band in 22 service areas by auction, as was done for allocation of spectrum in 3G band.

* The central government shall consider the recommendations of the TRAI and take appropriate decision within next one month and fresh licences be granted by auction.

* Respondent numbers 2, 3 and 9 (telecom companies) who have been benefited at the cost of public exchequer by a wholly arbitrary and unconstitutional action taken by the DoT (department of telecommunications) for grant of UAS (universal access service) licences and allocation of spectrum in 2G band and who off-loaded their stakes for many thousand crores (of rupees) in the name of fresh infusion of equity or transfer of equity shall pay cost of Rs.5 crore each.

* Respondent numbers 4, 6, 7 and 10 (telecom companies) shall pay cost of Rs.50 lakh each because they too had been benefited by the wholly arbitrary and unconstitutional exercise undertaken by the DoT for grant of UAS licences and allocation of spectrum in 2G band.

* We have not imposed cost on the respondents who had submitted their applications in 2004 and 2006 and whose applications were kept pending till 2007.

* Within four months, 50 percent of the cost shall be deposited with the Supreme Court Legal Services Committee for being used for providing legal aid to poor and indigent litigants. The remaining 50 percent cost shall be deposited in the funds created for resettlement and welfare schemes of the ministry of defence.

* It is made clear that the observations made in this judgment shall not, in any manner, affect the pending investigation by the Central Bureau of Investigation (CBI), the directorate of enforcement and other agencies or cause prejudice to those who are facing prosecution in the cases registered by the CBI or who may face prosecution on the basis of chargesheet(s) which may be filed by the CBI in future and the special judge, CBI shall decide the matter uninfluenced by this judgment.

* This judgment shall not prejudice any person in the action which may be taken by other investigating agencies under the Income Tax Act, 1961, the Prevention of Money Laundering Act, 2002 and other similar statutes.