In what has the potential to shake up the government and the telecom sector, the Supreme Court will on Thursday pronounce judgements on pleas seeking cancellation of 122 2G spectrum licences allotted by the Department of Telecommunications (DoT) under A. Raja and a direction to the
Central Bureau of Investigation (CBI) to probe the role of
Home Minister P. Chidambaram in the scam.
The list for Thursday makes no mention of a third order - on the constitution of a SIT or panel to monitor 2G probe - that was also expected before the retirement of Justice A. K. Ganguly on Thursday.
The matter concerning constitution of a SIT could, however, be dealt with the judgement on
Janata Party leader Subramanian Swamy's application alleging that the CBI had not probed the role of Chidambaram in the scam despite there being evidence to that effect. Incidentally, the court had reserved orders on both, Swamy's plea for probe against Chidambaram and the Centre for Public Interest Litigation's (CPIL) plea for appointment of a panel to oversee the probe, on the same day on October 10 last year.
In case the issue is not dealt with, the matter would have to be heard all over again by the new bench since Justice Ganguly will retire on Thursday.
A bench comprising Justice G. S. Singhvi and Justice A. K. Ganguly - which was monitoring the probe in the 2G case - had reserved orders after hearing arguments on four crucial issues pertaining to the scam.
With the bench on Tuesday pronouncing its judgement on Swamy's petition highlighting delay by Prime Minister Manmohan Singh in taking a decision on his request for sanction to prosecute Raja, decisions on the three remaining issues are expected on Thursday.
SPECIAL SESSION TO HONOUR JUDGE
 A practice followed since long will be observed as a mere ritual when Justice Asok Kumar Ganguly retires on Thursday.
It has been the practice in the Supreme Court that the outgoing judge sits in the Chief Justice's court on the day of his retirement. And as a mark of respect, he is asked to lead the judges, including the Chief Justice, when moving out after the day's work is over.
With Chief Justice S.H. Kapadia presiding over a Constitution bench on Thursday, a special bench will be constituted for ten minutes in the morning to maintain the tradition.
Generally, a retiring judge is accommodated in the bench presided over by the CJI but this was not possible this time with a constitution bench being convened for the day.
A bench comprising Chief Justice Kapadia, Justice D.K. Jain and Justice Ganguly will hold court from 10.30 am to 10.40 am on Thursday to maintain the convention.
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The judgement on Swamy's petition against Chidambaram could be a cause for concern for the government. Swamy has already tendered evidence before the special court conducting trial in the 2G case in a bid to prosecute Chidambaram on his own.
Justifying his application before the apex court when he had already moved the trial court against Chidambaram, Swamy had submitted that a CBI probe would strengthen the case. He had also contended that the trial court would not be able to order a probe by CBI as it was not empowered to do so.
The first judgement to be pronounced on Thursday would, however, deal with two separate petitions filed by the CPIL and Swamy seeking cancellation of 2G spectrum licences allotted by the DoT under Raja.
The petitioners have sought cancellation of all 122 licences alleging that the allotment was marred by multiple illegalities, corruption and favouritism. The court had also heard the 11 beneficiary companies in the matter.
The CPIL had pointed out that the Delhi High Court on a petition by S Tel had held in November 2009 that the process for allocation of 2G licences under Raja was arbitrary. It had argued that the high court order holding the allocation to be illegal was enough to cancel the allotments.
The DoT had rushed to the apex court against the order.
The matter, however, came to an end after S Tel filed an affidavit stating that it did not want to pursue the matter. CPIL alleged that S Tel was coerced to file the affidavit with its licences being cancelled on security grounds. The licences were restored after it filed the affidavit and the matter came out of the apex court scanner.
The government, like in the case of PMO officials, could face major embarrassment if the bench comments on the coercive action against S Tel which had raised a voice against allotments by Raja.
S Tel's licences were terminated on March 5, 2010, when DoT's appeal against high court order was pending before the Supreme Court. The matter was disposed of on March 12, 2010 after S Tel filed the affidavit. The licences were subsequently restored on April 16, 2010 after the litigation came to an end.
Courtesy: Mail Today 
SUBRAMANIAN SWAMY (right) alleges A Raja had consulted P CHIDAMBARAM (left) and the latter overruled the auction proposal by his ministry's officials. 
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