May 11, 2012 8:25 PM

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2G issue: SC to hear Presidential Reference from 10th July

The Supreme Court today decided to commence hearing from July 10 on Presidential Reference moved by government for its opinion on issues arising out of its 2G spectrum judgment including whether auctioning of natural resources across all sectors is mandatory.

A five-judge Constitution Bench headed by Chief Justice S H Kapadia issued notices to the state governments and industrial chambers FICCI and CII and sought their responses on behalf of the private industries.

The Reference has also asked the court for its view whether the verdict in the 2G case be given retrospective effect for radio waves granted since 1994.

The Court also issued notices to the NGO, Centre for Public Interest Litigation (CPIL) and Janata Party President Subramanian Swamy on whose petitions a bench headed by justice G S Singhvi had delivered a judgment on February 2.

In its judgment, the bench had canceled 122 telecom licenses by holding that the first-come-first-served policy was illegal and unconstitutional. The bench had held that all natural resources should be allocated through auction.

The government had on April 12 moved the Reference signed by President Pratibha Patil.

Meanwhile, a Delhi court today reserved its order on the bail plea of former Telecom Minister A Raja, for May 15 in the 2G spectrum allocation case. Raja is in custody since his arrest on February 2 last year and is facing trial in them case.

During hearing the CBI opposed the bail plea of Raja, who had moved his first bail application on Wednesday after over 15 months of his arrest. Special CBI Judge O P Saini had on Wednesday directed the CBI to file its response, if any, on Raja's bail plea on May 11.

The DMK MP had filed the bail plea on the ground of parity with other 13 accused who all have been granted the relief by the Supreme Court, the Delhi High Court and the special court trying the case.

Raja had filed the application soon after former Telecom Secretary Siddharth Behura, who was arrested along with him on February 2 last year, was granted bail by the Supreme Court.

Raja, in his bail plea, contended that he is innocent and the case against him is false and fabricated. Raja is the only accused yet to secure bail in the case.

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