SC restrains Aircel-Maxis from transferring 2G licences

SC restrains Aircel-Maxis from transferring 2G licences
SC restrains Aircel-Maxis from transferring 2G licences

The Supreme Court today restrained transfer of 2G licences from Malaysia’s Maxis which was originally allotted to Aircel to any other telecom company.

A bench headed by Chief Justice J S Khehar also proposed to restrain earning of any revenue by using the 2G spectrum licences which were originally granted to Aircel in 2006.

The bench also comprising Justices N V Ramana and D Y Chandrachud said that the instant order is being issued to bring to the notice of Malaysian businessman T Ananda Krishnan, the owner of Maxis group, to make his appearance in the apex court.

It said that if Ananda Krishnan and Ralph Marshall of Maxis fail to make appearance in the apex court on Jan 27, the 2G licences granted to Aircel shall be seized.

The bench asked the Telecom Ministry to devise ways and means to avoid adverse consequenses following the order to Aircel subscribers by provisionally transferring 2G licences to others service providers.

“We cannot tolerate a person using the national resource such as spectrum of India and not honouring court notice,” the bench said, adding that Ananda Krishnan cannot evade law.

The apex court directed the Indian govt to publish its instant order in two leading newspapers in Malaysia.

It also directed that in case the proposed order is passed, it would not be open to any of the accused to raise the issue of monetary losses.

The bench posted the material for further hearing on January 27 and said other averments made by BJP leader Subramanian Swamy will be dealt with at later stage.

Swamy has alleged that FIPB clearances to Aircel Maxis were granted illegally.

Special 2G prosecutor Anand Grover said that hearing on framing of charges in the trial court is scheduled on January 9.

( Source – PTI )

‘Raja was told to reconsider cut-off date for 2G licences’

Former telecom secretary D.S. Mathur Monday told a Central Bureau of Investigation (CBI) court that he had asked then telecom minister A. Raja to reconsider the cut-off date for receiving applications for 2G spectrum licences.

“I recorded this note after seeing the order of the then minister, dated Nov 2, 2007, as fixing the date of Sep 25, 2007 (cut-off date for issuance of licence) may be considered arbitrary and it may give rise to legal complications later on,” said Mathur.

He added that he told Raja to reconsider the decision, however discussion was not recorded in the file.

Testifying as a CBI witness in the case, Mathur deposed before special CBI Judge O.P. Saini that Raja replied to him that decision on the cut-off date will be decided in future.

The CBI has alleged that Raja manipulated with the cut-off date to wrongly benefit Unitech and Swan, accused in the case.

Mathur told the court that according to a cabinet decision in 1999, it had laid down a condition that new licences should be given only when there is availability of spectrum.

He added that once Raja observed that whatever was discussed was not correctly recorded by him (Mathur) and he also said that in allocation of spectrum for dual technology, the date of payment of fee should determine the seniority.

According to the government auditor, the 2G spectrum allocation case pertained to biased distribution of mobile airwaves and operating licences, in lieu of kickbacks, to telecom firms that could have cost the treasury up to Rs.1.76 lakh crore in lost revenue.

Nineteen individuals and six companies are accused in the case. Except for Raja and Behura, all other arrested accused have been released on bail.