The Supreme Court on Thursday refused to stay the auction process for 3G and broadband wireless access (BWA) spectrum, scheduled to be held on Friday. The Delhi High Court too, has refused to stay the auction of 3G spectrum while dismissing another petition filed by Society for Awareness and Development, an NGO, challenging the process.
An apex court Bench, headed by Chief Justice KG Balakrishan, refused to stay the auction process saying ?you (the petitioner) are not a bidder. You have no right.? It also posted the petition of Umesh Joshi, claiming to be a public-spirited person, for hearing on April 16.
Nine telecom companies are in the final list of bidders for three-four slots of 5 MHz of 3G spectrum, while a total of eleven bidders are vying for two slots of BWA spectrum. Winners will be able to offer customers high-speed voice and data transfer and multimedia services. Seeking to stay the DoT?s notice dated February 25, Joshi?s counsel, Sunder Khatri, said the notice inviting
applications for auction of 3G and BWA spectrum was ?arbitrary?, violated the doctrine of ?level playing field? and was against the public interest.
He stated that the DoT had given a short time of only 20-25 days to submit bids for auction of the 3G spectrum in its notice and the same application for inviting a tender was kept pending since October last year. It will suit only big players, while small operators will be marginalised, Joshi added, adding it was violative of Articles 14 and 21 of the Constitution of India. According to Khatri, the government wanted to conclude the auction in a hush-hush manner and deprive the participants who were technical people. The NGO had contended that the government did not follow the guidelines of the regulatory body Trai and only existing playersparticipated in the process.
The Delhi High Court had, on March 19, dismissed Joshi?s PIL see-king an extension for submitting a bid for auction of 3G spectrum (radio frequency). Transparency is there. The government had already put all the information regarding the auction on its website in October,? the high court had stated, adding that it was a commercial transaction and all the norms were followed. The high court had also imposed a cost of Rs 15,000 on Joshi.