Prez Reference is meant for over-ruling 2G verdict: SC told

The NGO, Centre for Public Interest Litigation (CPIL) submitted to a five-judge Constitution bench headed by Chief Justice S H Kapadia that the mode of auction in disposal of natural resources to the private sector would help in maintaining the public trust and public interest.

Advocate Prashant Bhushan, appearing for the NGO, argued that the apex court should decline to answer the Reference as the Centre is abusing its powers by referring the issue of allocation to it which has already been decided in the 2G case verdict.

"It is absolutely clear that government wishes to overturn the 2G judgment wherein it lost fair and square," Bhushan said adding "the instant reference being an abuse of the powers vested in the government under Article 143, this court should decline to answer it".

He said series of recent CAG reports have pointed out irregularities and siphoning of money in allocation of natural resources and the apex court's February 2 judgement on the 2G spectrum, which has held auction as the only method that can meet the criteria of transparency in allocation of natural resources, should not be disturbed.

"The 2G judgment is fully in line with earlier judgments that have repeatedly favoured public auctions and emphasised transparency, accountability and a competitive process in the matter of government contracts. All that the 2G judgment has done is to carve out a special category of cases where public auction is the only legally sustainable method of alienation," he said. (More)