NGO calls for transferring plea in 2G scam case to SC

Group wants SC to hear its plea pending in HC since 2008

Telecom Watchdog, an NGO, has filed a petition in the Supreme Court seeking transfer of its plea pending before the Delhi High Court to the apex court for direction to cancel 2G spectrum allocated to companies beyond the mandated frequency without charging additional fees.

The group asks the apex court to hear its petition pending before the high court since 2008.

The NGO is one of the petitioners in the PIL before the Supreme Court which ordered the CBI probe in the 2G case and cancellation of 122 licences.

The transfer petition filed by advocate Prashant Bhushan pointed out that the apex court had issued notices to the Centre and telecom firms on a similar plea challenging the allocation of 2G spectrum beyond the entry level of 4.4 MHz and 6.2 MHz without charging additional fee.

A bench of Justices G S Singhvi and S J Mukhopadhaya on January 30 issued the order on a petition filed by advocate Yakesh Anand challenging the high court's decision refusing to entertain his plea.

He had sought a direction to the government to recover Rs 36,993 crore, as estimated by CAG, for the excess spectrum held by the telecom companies.

The high court on December 21 last dismissed the public interest litigation filed by advocate Anand holding that the subject matter of the 2G spectrum allocation was under the consideration of the apex court.

The petition claimed that the court had failed to appreciate that the Department of Telecom (DoT)had allocated additional spectrum to private operators in violation of condition from 1996 onwards, which had caused huge losses to the national exchequer.

Anand also sought direction to call all records from the government in respect of allotment of 2G spectrum to private operators right from the beginning, alleging that there was the allotment of additional spectrum beyond what was mandated in the licence without any recommendation, criteria, guideline and without any fee.

“The HC failed to appreciate that this is a bigger 2G scam leading to huge financial loss to the government and gain to the private parties. The said 2G scam is bigger which has escaped the attention of all the authorities and which was a result of the conspiracy between the officers of the Respondents, DoT and WPC and the private operators,” his petition said.

Seeking the CBI inquiry, the petition alleged that the DoT distributed spectrum in violation of National Telecom Policy of 1999.

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