The Supreme Court on Wednesday was urged to return the presidential reference on 2G verdict without any answer as any opinion given by the top court at this stage is bound to create “impediments” in the ongoing trial against former communications minister A. Raja and others as allocation of spectrum by him without auction is the fundamental issue in the CBI chargesheet.
The apprehension about the effect of any opinion given by a constitution bench of SC on the auction issue at this crucial stage of the trial in the 2G case, was expressed by Janata Party president Subramanian Swmay, one of the petitioners, in his arguments challenging the presidential reference made by the UPA government.
Mr Swamy said if the government has any doubt about the February 2 verdict cancelling 122 licences for 2G spectrum, the Centre always has the option open to make a fresh presidential reference after the trial is over. “The findings of the Supreme Court will create impediments to the trial court. Nothing is to be lost if the reference is returned unanswered as Article 143 gives the option to the court to return the reference without expressing any opinion,” Mr Swamy told a constitution bench of Chief Justice S.H. Kapadia and Justices D.K. Jain, J.S. Khehar, Dipak Misra and Ranjan Gogoi.
“A fresh presidential reference can be made (by the government) in future. Nothing can stop it from doing so but expressing any opinion at this stage will have an effect on the trial as allocation of spectrum (by Raja) without auction is the key issue before the trial judge,” said Mr Swamy, who had sought sanction PM for prosecution of Raja.
In response to a specific query by the bench whether the 2G judgement by Justice G.S. Singhvi and A.K. Ganguly (now retired) has made the auction mandatory, Mr Swamy said the emphasis was on “total transparency” in allocation of scarce resources and auction was considered the best option to achieve it.
“The highest value of the judgement is transparency and the best course to achieve it is auction, that is the trust of the verdict,” Mr Swamy said.
Besides, the government has not yet auctioned the cancelled licences though it has to complete the exercise in four months and any opinion given by the constitution bench before auction would also “create impediment” in implementation of the order, he said.