The Supreme Court on Monday issued notice to the Union government on a plea by BJP leader Subramanian Swamy, seeking the framing of a cogent and clear national security policy and guidelines covering economic offences as well.
A bench of Chief Justice T.S. Thakur and Justice D.Y. Chandrachud issued notice as Swamy pointed to the issuance of phase three FM licence to the Maran family-owned Sun TV in Tamil Nadu.
Issuing notice, the court observed that this could not be linked to the question of national security involving the sovereignty of the country.
The Bharatiya Janata Party leader has sought "detailed guidelines for the security clearance" and the "foolproof policy for the grant of security clearances" as he cited the divergent views taken by the high courts across the country.
Seeking that economic offence too should be brought in the ambit of national security policy and guidelines for the issuance of clearance certificate, he said that those involved in or being prosecuted for the economic offences should not be given air waves.
Swamy was referring to the prosecution of Marans in Aircel-Maxis matter, one of the 2G cases. The court was told that chargesheet has been filed by the Central Bureau of Investigation against them.
The CBI has accused former Telecom Minister Dayanidhi Maran of putting pressure on a Chennai-based telecom promoter C. Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.
Besides others, Dayanidhi Maran's brother Kalanithi Maran too has been accused in the case.
Swamy said that there has to be clarity as to at which stage of criminal prosecution, a parson should be barred from bidding for airwaves. Should it be only after conviction or a stage prior to it like registration of FIR, filing of chargesheet or framing of charges, he asked.
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