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The Supreme Court will hear on April 13 the government’s plea seeking a review of its February 2 verdict cancelling 123 2G licences granted in 2008, holding that the first come, first served policy was flawed and that natural resources should only be auctioned.

While directing the listing of the government’s plea seeking review of the verdict on the question of policy, the court on Tuesday dismissed another government petition seeking the review of the judgment holding that even a private citizen could move an application for seeking prosecution of a public servant under the Prevention of Corruption Act.

The court also rejected former telecom minister A. Raja’s plea seeking the setting aside of the February 2 verdict on the grounds that adverse findings were recorded against him without affording him any opportunity to be heard. He described it as a violation of his fundamental rights and breach of the principle of natural justice and fair play.

The court stood by its decision to cancel 123 2G licences that were granted on and after January 10, 2008.

The apex court special bench of Justice G.S. Singhvi and Justice K.S.P. Radhakrishnan said: “We have carefully perused the averments contained in the review petition and the grounds on which the petitioner has sought review of the judgment and are convinced that the judgment of which review has been sought does not suffer from any error apparent warranting its re-consideration.”

“In the garb of review, the petitioner cannot seek re-hearing of the matter and re- consideration of the issues decided by the court. The review petition is accordingly dismissed,” the judges said.

This court said while rejecting the government’s plea seeking review of the apex court verdict of January 31, 2012 by which it had said that application for seeking sanction for prosecution could be made even before the filing of complaint.

The government had sought the review of some adverse observations made in the 2G verdict against some un-named officials of the prime minister’s office.

The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly (since retired) had in their verdict also held that a private complainant could seek sanction for prosecution of a public servant under the provisions of the Prevention of Corruption Act.

The court had fixed a limit of four months for taking decision on the plea seeking sanction for prosecution.

Though the court had actually said that the application for sanction should be decided in three months but gave another month in case of consultation with the attorney general was required.

The government sought the review of that part of the 2G verdict of February 2 which held that first come, first served policy was flawed and favoured the auctioning of the all the natural resources.

The Centre, in its review petition, had contended several difficulties in implementing it as it involved policy decision and affected several areas and statutory provisions.

 

 


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