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Intent to inform court, no desire to change 2012 SC ruling

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In Short:

The government wanted to keep the court informed about spectrum allocation but did not seek to change the 2012 Supreme Court order requiring auction of frequencies. The court denied the government’s plea for administrative allocation in certain cases. The court stated that seeking a review after a long time was not permissible. The government argued that administrative assignment may be necessary for specific purposes.


Government’s Intentions on Spectrum Allocation

The government, through its recent application, clarified that it did not intend to seek a change in the Supreme Court order of 2012 regarding the auctioning of frequencies as they are considered a national resource. A senior official emphasized that the sole purpose was to inform the court and not to alter the judgment.

Supreme Court Registrar’s Rejection

Last week, the Supreme Court registrar rejected the government’s plea to allow administrative allocation of spectrum in special cases. The registrar mentioned that the government’s attempt to seek a review of the 2012 order under the guise of seeking clarifications was not justifiable after a considerable period of time had passed.

Registrar’s Statement

The Registrar, Pavanesh D, stated that the application was declined as it did not present any reasonable cause for consideration, in accordance with the Supreme Court Rules, 2013. This was further supported by the court’s stance on review petitions.

Emphasis on Judicial Process

The court emphasized that filing applications resembling a review after a significant amount of time had passed since the initial judgment was not permissible. The withdrawal of previous review petitions by the government and other entities was also highlighted.

Government’s Application for Spectrum Assignment

In a separate development, the government had filed an application in December regarding the assignment of spectrum. It emphasized the necessity of spectrum for various public interest functions and proposed administrative assignment of spectrum for satellite communications.

Background on Spectrum Allocation

The context of the 2012 Supreme Court verdict, which emphasized auctions as the exclusive method for spectrum allocation, was also revisited. The court’s decision was rooted in ensuring fairness, equality, and transparency in the distribution of natural resources like spectrum.

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