2G case: Tata Tele moves SC over scrapped licences

Firm asserts it had applied more than 18 months before 2008 licensing process began

Tata Teleservices Ltd has moved the Supreme Court seeking review of the judgement cancelling its licences for the 2G spectrum in three circles which were alloted during the tenure of former telecom minister A Raja.

The petition seeking review was filed nearly a month after the apex court on February 2 had cancelled 122 2G licences granted to nine telecom companies including Tata Teleservices Ltd, based on the first-come-first served policy for 22 circles.

The company earlier contended that it had applied for these licences more than 18 months before the 2008 licensing process began.

The court had directed that the licences for the radio waves have to be sold through auction.

A bench of justices GS Singhvi and AK Ganguly (since retired) had also imposed a heavy cost of Rs 5 crore on Tata Teleservices Ltd, Etisalat DB Telecom Pvt Ltd (Swan Telecom Ltd) and Unitech Wireless Group.

The court had held that the companies were benefited by a "wholly arbitrary and unconstitutional" action of award of licenses to them and for off-loading their stakes for many thousand crores in the name of fresh infusion of equity or transfer of equity.

Tata Teleservices was granted licences for three circles in Assam, North East and Jammu and Kashmir.

The apex court had said the allocation of of the 2G spectrum under Raja was "wholly arbitrary, capricious and contrary to public interest apart from being violative of the doctrine of equality" to "favour some companies at the cost of the public exchequer".