SC registry declines to accept plea by Centre on allocation of spectrum

New Delhi: The Supreme Court's registry declined to accept a plea by the Union government to allow the administrative allocation of spectrum in some special cases, in a departure from 2012 2G spectrum judgment, mandating auction of frequencies as they were national resources.

Registrar, judicial listing, Pavanesh D termed the plea as "misconceived" as the government sought a review of the 2012 order “in the guise” of seeking clarifications and there was no “reasonable cause” for entertaining the plea and that too after a long period of time.

“When the application is considered keeping in mind the principles laid down by this court, it is clear that the same is not maintainable and it does not disclose any reasonable grounds to be entertained,” it said.

The registrar also said the applicant attempted to obtain rehearing of the matter in open court after a long lapse of time, in the guise of filing the present application with a similar prayer which was already made in the review petition, which cannot be permitted.

“The emphatic pronouncement in the judgment of February 2, 2012 does not entitle the applicant herein to file an application of this nature seeking clarification of the judgment. More so, when the review petition filed on behalf of the Union of India seeking review of the law (laid) down by the SC was withdrawn on May 10, 2012," the registrar said.

The Centre sought modification of the verdict so that the assignment of spectrum through an administrative process may be undertaken if it is in pursuit of "governmental functions, or public interest ... or auction may not be preferred due to technical or economic reasons”.

In its application, the Centre sought permission for allocation through executive action for some crucial sectors like security, defence, safety, and disaster preparedness.