The Joint Parliamentary Committee examining the 2G spectrum scam has sought a copy of the Presidential Reference made by the Centre before the Supreme Court on its February 2 decision on allocation of second generation radiowaves.
“Three days back we wrote to the government seeking a certified copy of the Reference,” JPC Chairman P.C. Chacko said on Thursday. He said it was pertinent to get a copy of the reference since the panel was examining the issue.
The government had last week moved the Supreme Court with a Presidential Reference for its opinion on issues arising out of its 2G spectrum judgment, including whether auctioning of natural resources across all sectors is mandatory and the verdict be given retrospective effect for radio waves granted since 1994.
The Reference, signed by President Pratibha Patil, has raised eight questions, including whether there could be judicial interference in policy matters, vis-a-vis disposal of natural resources and investments made by foreign investors under multi and bilateral agreements.
“Whether the judgement lays down that there are permissible methods for disposal of all natural resources across all sectors and in all circumstances is by the conduct of auction,” the reference stated.
“Whether the court holds that within the permissible scope of judicial review that the policy is flawed, is the court not obliged to take into account investment made under the said policy including the investment made by foreign investors under the multi and bilateral agreements,” it said.
“Whether the judgement is required to be given retrospective effect so as to unsettle the licences issued into 2G spectrum and allocated after 1994 till 2008,” it said.
