HC refuses to pass order on spectrum allocation

HC refuses to pass order on spectrum allocation

New Delhi: The Delhi High Court refused to pass any order on the telecom appellate tribunal’s decision pertaining to spectrum allocation, even as GSM mobile players sought a probe into the government’s move to allow use of dual technology on 24 December.

“I can’t pass status quo order without going into the details. Let me go through the petition. You (Ram Jethmalani) yourself saying that matter is complicated," justice Sanjeev Khanna said while posting the matter for hearing on 3 January, 2008.

Senior advocate Ram Jethmalani, along with Fali S Nariman, appearing for COAI, contended that the biggest scam has occurred and it needed police inquiry and hence it required urgent hearing. But the court turned down the request.

The matter was originally listed for hearing before justice Aruna Suresh, who transferred it to justice Khanna.

At the very beginning, Additional Solicitor General Vikas Singh contended there was no urgency involved in the matter.

Telecom tribunal TDSAT had passed the order allowing the government to go ahead with spectrum allocation and dual technology on 12 December. Though the High Court was open till 20 December, COAI chose to come during vacation time despite the fact that their petition was ready by 13 December, Singh said.

COAI, the association of GSM operators, has engaged a battery of senior lawyers that includes Harish Salve and Abhishek Manu Singhvi, besides Jethmalani and Nariman.

The petition filed by COAI sought stay of the government’s 18 and 19 October decisions to permit the use of dual technology and regulator TRAI’s recommendation of enhanced subscriber linked criteria for allocation of additional spectrum.