Delhi HC declines stay on spectrum allocation

The Delhi High Court today refused to pass any order on the telecom appellate tribunal's decision pertaining to spectrum allocation even as GSM mobile players sought a probe into the government's move to allow the use of dual technology.

"I cannot pass status quo order without going into the details. Let me go through the petition. You (Ram Jethmalani) yourself are saying that the matter is complicated," Justice Sanjeev Khanna said while posting the matter for hearing on January 3, 2008.

Ram Jethmalani, along with Fali S Nariman, appearing for Cellular Operators Association of India (COAI), contended that the biggest scam has occurred and it needed police inquiry and hence required urgent hearing. The court, however, turned down the request.

The matter was originally listed for hearing before Justice Aruna Suresh who transferred it to Justice Khanna.

Additional Solicitor General Vikas Singh contended there was no urgency involved in the matter.

Telecom tribunal TDSAT had, on December 12, passed the order allowing the government to go ahead with spectrum allocation and dual technology. Though the High Court was open till December 20, COAI chose to come during vacation time despite the fact that their petition was ready by December 13, Singh said.

COAI, the association of GSM operators, has engaged a battery of senior lawyers including Harish Salve and Abhishek Manu Singhvi.

The petition filed by COAI sought a stay on the government's October 18 and 19 decisions to permit the use of dual technology and regulator TRAI's recommendation of enhanced subscriber-linked criteria for allocation of additional spectrum.