A bench headed by Chief Justice T S Thakur, during the day-long hearing, posed several questions to both the Centre and the NGO, Centre for Public Interest Litigation (CPIL), on the issue of spectrum usage charge and migration policy.
Advocate Prashant Bhushan, appearing for CPIL, submitted that the PIL was based on the draft CAG report which had established that the spectrum for broadband wireless system was only for data and not for voice mail.
Infotel had submitted a bid of Rs 12,000 crore and the company was transfered to Reliance on the day of the bidding, he claimed.
However, senior advocate Harish Salve, appearing for Reliance, submitted that the draft CAG report was not correct as somebody had planted information to the CAG.
Solicitor General Ranjit Kumar said there was a policy for migration which was permissible and independent of spectrum, adding that licence was separate from spectrum.
Salve also said the policy was not under challenge and it was only the decision to allow Reliance to migrate that was.
When the bench wanted to know where was the decision to migrate, it was told that such a decision was in the official file.
"We would like to see what is the decision and how the decision is illegal," the bench said and asked the Centre to file written submission on the entire issue.
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