New Delhi: The Centre, pressing for an exemption from the auction method, has moved the Supreme Court seeking modification of its verdict in the 2G spectrum case, saying there is an urgent requirement for clarification and this will be crucial for achieving the objectives of national security, safety, and disaster preparedness, as well as enable the government to realise the full potential telecommunication, to best subserve the common good.
The apex court had said that the state was duty-bound to adopt the auction route while transferring or alienating the country's natural resources.
The Centre's application urged the apex court to issue appropriate clarification that the government may consider the assignment of spectrum through the administrative process if determined through due process in accordance with the law. "And if such assignment is in pursuit of governmental functions, or public interest so requires, or auction may not be preferred due to technical or economical reasons," said the application.
The application said the assignment of spectrum is required not only for commercial telecommunication services but also for non-commercial use for the discharge of sovereign and public interest functions such as security, safety, disaster preparedness, etc. "Such non-commercial use would squarely fall within the scope of subserving the common good," it added.
The application said: “There are also specific sui generis categories of usage owing to the characteristics of the spectrum, or the nature of use, or international practices etc., in respect of which auctions are not technically or economically preferred or optimal”.
The Centre said that in certain situations, economics do not favour auctioning as demand is lower than supply or due to technical conditions such as spectrum for space communication, "where it would be more optimal and efficient for spectrum to be shared by multiple players…".
The apex court, in its judgment delivered on February 2, 2012, had quashed 2G spectrum licences given to various firms during the tenure of A Raja as the Telecom Minister in January 2008.
On Monday, Attorney General R Venkataramani, appearing for the Centre, mentioned the interim application for urgent listing before a bench led by Chief Justice D Y Chandrachud. The AG said that the plea seeks modification of the 2012 verdict as the Centre wanted to grant 2G spectrum licences in some cases.
Advocate Prashant Bhushan, who had represented the NGO Centre for Public Interest Litigation, which was one of the petitioners on whose plea the February 2012 verdict was delivered, opposed the application. Bhushan said the issue has been well-settled by the apex court in its judgment that auction is the only mode for granting licences for natural resources like spectrum. However, the CJI asked the AG to move an email and said it will be examined.
