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2G: Apex court to hear government's plea April 13

Delhi,Business/Economy,Immigration/Law/Rights, Wed, 04 Apr 2012 IANS

New Delhi, April 4 (IANS) The Supreme Court will hear April 13 the government's plea seeking a review of its Feb 2 verdict cancelling 122 2G licences granted in 2008, holding that the first come, first served policy was flawed and that natural resources should only be auctioned.

 

While directing the listing of the government's plea seeking review of the verdict on the question of policy, the court Tuesday dismissed another government petition seeking the review of the judgment holding that even a private citizen could move an application for seeking prosecution of a public servant under the Prevention of Corruption Act.

 

The court also rejected former telecom minister A. Raja's plea seeking the setting aside of the Feb 2 verdict on the grounds that adverse findings were recorded against him without affording him any opportunity to be heard. He described it as a violation of his fundamental rights and breach of the principle of natural justice and fair play.

 

The court stood by its decision to cancel 122 2G licences that were granted on and after Jan 10, 2008.

 

The apex court special bench of Justice G.S. Singhvi and Justice K.S.P. Radhakrishnan said: "We have carefully perused the averments contained in the review petition and the grounds on which the petitioner has sought review of the judgment and are convinced that the judgment of which review has been sought does not suffer from any error apparent warranting its re-consideration."

 

"In the garb of review, the petitioner cannot seek re-hearing of the matter and re- consideration of the issues decided by the court. The review petition is accordingly dismissed," the judges said.

 

This court said while rejecting the government's plea seeking review of the apex court verdict of Jan 31, 2012 by which it had said that application for seeking sanction for prosecution could be made even before the filing of complaint.

 

The government had sought the review of some adverse observations made in the 2G verdict against some un-named officials of the prime minister's office.

 

The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly (since retired) had in their verdict also held that a private complainant could seek sanction for prosecution of a public servant under the provisions of the Prevention of Corruption Act.

 

The court had fixed a limit of four months for taking decision on the plea seeking sanction for prosecution.

 

Though the court had actually said that the application for sanction should be decided in three months but gave another month in case of consultation with the attorney general was required.

 

The government sought the review of that part of the 2G verdict of Feb 2 which held that first come, first served policy was flawed and favoured the auctioning of the all the natural resources.

 

The Centre, in its review petition, had contended several difficulties in implementing it as it involved policy decision and affected several areas and statutory provisions.

 


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Comments:

Dr.G. Balakrishnan ph.d

April 12, 2012 at 8:59 PM

Court is indeed candid. No doubt that has to be so. Natural resources are being natural in its growth but cannot be hastened by some hybrid mechanisms. It takes several decades, or centuries or millenniums or multiples of millenniums. Is it not pertinent to say, a government's life time mostly less than five years once elected and if lucky it may survive full five years at the most. See even CPM government survived about a couple of decades had to go in west Bengal.
The question arises how these governments can decide on natural resources leasing/licensing/selling for ever, is indeed a question arises in every thinking mind, is it not?
Further isit not public policy of elections principle that every new government need be given suitable opportunities how intelligenty they may govern, after all present governments can every say they are most intelligent than those new governments be born out of new elections?
Public policy is indeed a double edged weapon it may cut and kill or it may remove a cancerous growth or totally kill the opportunities of future or present men, is it not?
So reviews sought need to be rational i believe, that way honorable court rejected Raja's plea, so too it will do even in presidential reference. After all apex court judges are supposed to be equal to most advanced rationalistic thinking process of any country. Over all i am happy the way supreme court is functioning at this critical time, thanks


 

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