2G Spectrum Verdict: SC Registry Rejects Centre's Plea, Says 'No Reasonable Cause To Entertain'

The Supreme Court's registry rejected an application moved by the Centre seeking "clarification" on a 2012 2G Spectrum judgment, on whether it can allot spectrum via administrative route in selected cases

The Supreme Court's registry rejected an application moved by the Centre seeking "clarification" on a 2012 2G Spectrum judgment, on whether it can allot spectrum via administrative route in selected cases where using the auction route is not technically feasible. The 2G verdict made it mandatory for the government to auction spectrum, rather than allocating it.

The apex court registry however rejected the Centre's application, saying that the application seeks review of the judgment after lapse of over 12-long-years. The order noted that the Centre itself withdrew the review plea filed against the Spectrum judgment.

In a landmark verdict in February 2012, the top court quashed the licences and allocation of spectrum granted on or after January 2008 and held that grant of licence and allocation of spectrum in the 2G band in 22 service areas should be done by auction. In 2013, the apex court further directed the government to auction the entire spectrum released as a result of quashing the licences without delay.

While rejecting Centre's application, the registrar order called the application 'misconceived' and stated that the application does not disclose any reasonable cause for being entertained and refused to receive it. 

The Centre had moved a miscellaneous application seeking clarification from the court if the Government may consider the assignment of spectrum through administrative process in certain cases. It sought exemption from the auction for "non-commercial purposes" to discharge sovereign and public interest functions including security, safety, disaster etc. The Centre said in its application that such non-commercial use would squarely fall within the scope of serving the "common good."

Centre further said that in certain cases, especially where demand is less than supply, economics does not favour auctioning.

The Registrar of the Supreme Court can refuse to receive a petition if he finds that it discloses no reasonable cause or is frivolous or contains scandalous matter. However, the petitioner may within fifteen days appeal against the Registrar's order in the court.