The Government has decided to withdraw the 2G spectrum-related review petition from the Supreme Court. In April, the Government had filed a petition seeking a review of the apex court's verdict mandating distribution of natural resources only through auction.

In February, the Supreme Court, giving its verdict on 2G licences, had said the Government's policy to allocate natural resources on first-come-first-served (FCFS) basis was flawed. The apex court, on April 13, had admitted the Government's plea seeking a review of this ruling.

Simultaneously, the Government had moved the Supreme Court with a Presidential Reference for its opinion on similar issues. This is still active and is awaiting the apex court's ruling. Therefore, the withdrawal of the review petition does not mean the Government has decided to let go of the issue yet.

The Government may move an application on May 10 for withdrawing the petition seeking a review of the judgment. Now, all eyes will be on the fate of the Presidential reference.

Referring to the apex court's insistence on mandatorily auctioning all natural resources, including spectrum, the Presidential Reference had raised doubts regarding the pricing of spectrum granted to earlier licencees. It also sought to know whether auctioning is the only permissible method for distributing natural resources. The Reference questioned whether the insistence on the auction route runs contrary to earlier apex court judgments.

The Presidential Reference also asks whether the judgment amounted to the judiciary interfering in policy matters.

> tkt@thehindu.co.in

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