The UPA government, coming under attack from the Supreme Court in its two crucial verdicts in the 2G case, on Thursday filed two separate petitions for review and clarification of the same. The review petition sought a re-look into the first verdict on the issue of sanction for prosecution of former communications minister A. Raja, which was to be granted by the Prime Minister.
The review was sought with a specific reference to the PMO made by the top court, saying that some of its officers had not apprised Prime Minister Manmohan Singh properly on various legal aspects involved in the matter. But the government has objection to such a finding and has sought “correction” in particular reference to the PMO made with strong comments by the court.
The court though had exonerated Dr Singh of any liability of causing the “delay” in handling the application of Janata Party president Subramanian Swamy for sanction to prosecute Mr Raja, but the court was very harsh on the officers concerned in the PMO, saying they had set over the matter, which resulted in an abnormal delay of nearly 16 months in responding to Mr Swamy’s request.
The government also has stuck to its stand on the question of sanction in corruption cases, stating that under the Prevention of Corruption Act’s provisions this question only arises at the time of taking cognisance of the case not prior to it.
With regard to the second verdict on cancellation of 122 licences granted by Mr Raja, the government sought a “clarification” from the court mainly on the mode of “auction” ordered to be completed in four months, which the department of telecom has found too tight a scheduled fixed by the court.
Department of telecommunications in the clarification petition submitted that four-month time frame was difficult to meet considering the complex nature of allotting the spectrum licences, which would require a minimum of 400 days to complete the process.