The Hindu Business Line : HC declines to pass any order on spectrum allocation

NEW DELHI: The Delhi High Court on Monday refused to pass any order on the telecom appellate tribunal's decision pertaining to spectrum allocation, even as GSM mobile players sought a probe into the government's move to allow use of dual technology.

"I can't pass status quo order without going into the details. Let me go through the petition. You (Ram Jethmalani) yourself saying that matter is complicated," Justice Mr Sanjeev Khanna said while posting the matter for hearing on January 3, 2008.

Senior advocate Mr Ram Jethmalani, along with Mr Fali S Nariman, appearing for COAI, contended that the biggest scam has occurred and it needed police inquiry and hence it required urgent hearing.

But the court turned down the request. The matter was originally listed for hearing before Justice Ms Aruna Suresh, who transferred it to Justice Mr Khanna.

At the very beginning, Additional Solicitor General, Mr Vikas Singh contended there was no urgency involved in the matter.

The telecom tribunal TDSAT had, on December 12, passed the order allowing the government to go ahead with spectrum allocation and dual technology. Though the High Court was open till December 20, the COAI chose to come during vacation time despite the fa ct that their petition was ready by December 13, Mr Singh said.

COAI, the association of GSM operators, has engaged a battery of senior lawyers that includes Mr Harish Salve and Mr Abhishek Manu Singhvi, besides Mr Jethmalani and Mr Nariman.

The petition filed by the COAI sought stay of the government's October 18 and 19 decisions to permit the use of dual technology and regulator TRAI's recommendation of enhanced subscriber-linked criteria for allocation of additional spectrum. - PTI

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