A historic day for India ’s
democracy. Hope is still alive for the Indian
Republic . Full text of the 2G judgement is available here. But I can’t resist posting a few
words from the Supreme Court order.
“The material produced before the
Court shows that the Minister of C&IT wanted to favour some companies at
the cost of the Public Exchequer….”
“…This arbitrary action of the
Minister of C&IT though appears to be innocuous was actually intended to
benefit some of the real estate companies who did not have any experience in dealing
with telecom services……”
“The cut off date…….was not made
public …… and the first-come-first served principle, which was being followed
since 2003 was changed by him at the last moment …..This enabled some of the
applicants, who had access either to the Minister or the officers of the DoT to
get the bank drafts etc. prepared towards performance guarantee etc. of about 1600 crores……..”
“The manner in which the exercise
for grant of LoIs to the applicants was conducted on ....... leaves no room
for doubt that every thing was stage managed to favour those who were
able to know in advance change in the implementation of the first-come-first
served principle. As a result of this, some of the companies which had
submitted applications in 2004 or 2006 were pushed down in the priority and
those who had applied between August and September 2007 succeeded in getting
higher seniority entitling them to allocation of spectrum on priority basis….”
And this:
“…….we consider it imperative to
observe that but for the vigilance of some enlightened citizens who
held important constitutional and other positions and discharge their duties in
larger public interest and Non Governmental Organisations who have been constantly
fighting for clean governance and accountability of the constitutional
institutions, unsuspecting citizens and the Nation would never have known
how scarce natural resource spared by the Army has been grabbed by those who
enjoy money power and who have been able to manipulate the system”
And this:
Respondent Nos………who were
benefited by a wholly arbitrary and unconstitutional action taken by the DoT
for grant of UAS Licences and allocation of spectrum in 2G band and who off-loaded
their stakes for many thousand crores in the name of fresh infusion
of equity or transfer of equity shall pay …….. Respondent Nos. …………too had been
benefited by the wholly arbitrary and unconstitutional exercise undertaken by
the DoT for grant of UAS Licences and allocation of spectrum in 2G band…..”
(Emphasis mine in all the above
paragraphs).
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