JOIN USA bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam dismissed the petition, filed by advocate P R Krishnan, at the admission stage itself saying the Supreme Court was already monitoring the 2G scam investigation.
Petitioner P R Krishnan, an advocate, submitted that he had sent a memorandum to the President on March 14 last seeking to dismiss the prime minister for alleged violation his duty under Article 78 of the Constitution by not communicating to the President the decision of then Telecom Minister A Raja to grant spectrum on first-come-first serve policy.
Dismissing the PIL, the Judges said: “At the outset we are of the view that such writ petition in which question with regard to investigation into the scam relating to 2G spectrum cannot be entertained by this court in the light of February 10 Supreme Court order that no court other than it shall pass any order impairing the investigation.
“During the hearing, the petitioner submitted that "the Supreme Court has taken away the jurisdiction of high courts under Article 226 of the Constitution by passing such an order.”
Rejecting the submissions made by the petitioner, the Bench said the “Supreme Court being the highest court may make such observation which is binding on all high courts.”