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04-13-2012, 10:34 AM #1
Govt files Presidential reference on 2G in SC
The government on Thursday moved the Supreme Court with a Presidential Reference for its opinion on issues arising out of its 2G spectrum judgement including whether auctioning of natural resources across all sectors is mandatory and the verdict be given retrospective effect for radio waves granted since 1994.
It placed before the apex court the reference signed by President Pratibha Patil in which eight questions have been raised, including whether there could be judicial interference in policy matters, vis-a-vis disposal of natural resources and investments made by foreign investors under multi and bilateral agreements.
"Whether the judgement lays down that there are permissible methods for disposal of all natural resources across all sectors and in all circumstances is by the conduct of auction," the reference stated.
"Whether the court holds that within the permissible scope of judicial review that the policy is flawed, is the court not obliged to take into account investment made under the said policy including the investment made by foreign investors under the multi and bilateral agreements," it said.
"Whether the judgement is required to be given retrospective effect so as to unsettle the licences issued into 2G spectrum and allocated after 1994 till 2008," it said.
The issue cleared for Presidential Reference also touched the 3G spectrum allocated through "auction" and wanted to know implication of the judgement on it.
"Whether 3G spectrum acquired through the auction in 2010 by entities whose (2G) licences have been quashed in the judgement stands withdrawn," it asked.