The Supreme Court on Friday posted for hearing on Monday a special leave petition filed by Bharti Airtel challenging the Delhi High Court order directing it to stop its 3G services in cities where it had not obtained licence.
A Bench of Justices R.M. Lodha and J. Chelameswar agreed to include the SLP in the April 8 ‘mentioning’ list after senior counsel Abhishek Singhvi and Soli Sorabjee mentioned the matter.
On April 4, a Division Bench of the Delhi High Court vacated the stay granted by a single judge on an order passed by the Department of Telecommunications, asking Airtel to stop its service.
The High Court was acting on Reliance Communications’ petition stating Bharti Airtel’s move to provide pan-India 3G data services was impacting its business.
The DoT had on March 15 issued the notification restraining Bharti from providing 3G intra-circle roaming facilities in seven circles, where it did not have the spectrum, and also levied a penalty of Rs. 350 crore (Rs. 50 crore per circle) for violating the licence terms and conditions.