SC: Telecom ministry bypassed PM on 2G

In its daily hearing of the case, Justices G S Singhvi and A K Ganguly described the functioning of the telecom ministry like that of a “private business house” and strongly criticised its action in giving a mere 45 minutes to the prospective licencees for submitting documents, including demand draft and completing other formalities.

“The prime minister had made his reservations clear which was not treated with respect. There are requirements of collective responsibility… In the context of the sequence of events, bypassing the prime minister was not at all proper,” it said.

However, Solicitor General Gopal Subramanium told the court that in the sequence of events, unequivocally, reservations pointed out by the prime minister ought to have been given more attention and lot more importance.  Bringing the role of the telecom ministry into sharper focus, the bench remarked: “There is more than meets the eye,” the court observed while asking the government several searching questions on its policy for spectrum allocation.

In a sarcastic manner, it wondered whether the government acted through telepathy to convey them about the impending allocation within a fraction of 45 minutes. It observed that the entire system has been brought to disrepute. “Look at the background. The minister (telecom) sent the file to the law ministry. The law ministry wanted it to be referred to the EGoM (Empowered Group of Ministers). It wanted it to be referred to the highest law officer of the country–the attorney general. The matter was then referred to the prime minister.

“Would you not call this type of terms by the government  arbitrary,” the court asked when Subramanium was making submission on the spectrum allocation policy.