SC seeks widening of spectrum allocation scam probe ambit

SC seeks widening of spectrum allocation scam probe ambit

The Supreme Court favoured widening of the ambit of the ongoing probe into the 2G spectrum case, saying it should also include the period since 2001 when first-come-first-served was the norm for spectrum allocation.

"The issue raised in the case is not only limited to Rs 1.76 lakh crore but has a much wider compass. We would not like to prejudice the probe. But, what happened in 2001 needs to be looked into. It is for the CBI to investigate and find out," a bench of justices G S Singhvi and A K Ganguly said.

The judges' remarks assume importance as former Telecom Minister A Raja has maintained that he was treading on the footsteps of his predecessors and was following the 2001 policy.

In 2001, government was not following the policy of auction but was allocating spectrum on first-come-first-served basis.

The apex court also remarked about the policy of transfer of dual technology -- CDMA and GSM, saying that while the notification for the dual technology was issued on 19^th October, 2009, one of the service provider was given the permission a day earlier.

"What T R Addhyarujina (counsel for A Raja) has pointed out is one thing more than what meets the eyes," the bench said.

The bench further said that even the CAG has not gone into the issue of dual technology. "This matter has not been investigated," the bench said. 

SC for special courts to try scams like 2G spectrum allocation

The Supreme Court asked the Centre to examine the idea of setting up special courts to try major financial scandals like the Rs 1.76 lakh-crore 2G spectrum scam involving money laundering.

A bench of justices G S Singhvi and A K Ganguly on Wednesday said there is a need for special courts to deal with cases of such magnitude and ramifications as otherwise objectives of the Prevention of Corruption Act and the Foreign Exchange Management Act (FEMA) would be defeated.

The apex court said the special courts are needed as the existing ones are overburdened with regular cases.

"Unless the government is prepared to create special courts, the purpose will not be served. It is the need of the hour. We must have exclusive courts to deal with these offences," the bench said while hearing arguments on pleas for a court-monitored probe by CBI.

Conceding that such cases need special expertise, Solicitor General Gopal Subramanium told the bench that he would consult the government and report back to the court.

"We have to get special courts if we want the objective of the statute to be achieved. It cannot be done with existing manpower and infrastructure," the bench said while referring to the laws like Prevention of Money Laundering Act and FEMA.

The apex court said though the government was enacting a number of laws, it was not creating adequate number of courts, as a result of which the existing ones are over-burdened and there is no way special cases like the present one can be dealt in an expeditious manner.

"The present courts are over-burdened. Most important in this case is the appreciation of evidence (on a yardstick different) from those in a normal murder case. Here, it is a conspiracy. That conspiracy angle has to be investigated. It needs expertise. When you enact a law, you should have that in the mind," the bench said.

The bench, which made the remarks during the pre-lunch session, however, chided certain TV news channels for projecting the news as if the apex court ordered establishment of special court to try cases involving the 2G spectrum allocation scam.

The apex court said it had passed no such order and was only seeking law officer's suggestion on the issue.