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SC hits out at Raja
R Sedhuraman
Legal Correspondent

New Delhi, December 2
Rejecting former Telecom Minister A Raja’s pleadings that he showed great respect to the Prime Minister and his Cabinet colleagues, the Supreme Court today observed that he used intemperate language in his letter to the PM, bluntly rejected as “out-of-context” the then Law Minister’s suggestion and kept the Finance Ministry in the dark on decisions relating to the allocation of 2G Spectrum in 2008 at 2001 prices.

Citing a letter written by Raja to PM Manmohan Singh on November 2, 2007, a Bench comprising Justices GS Singhvi and AK Ganguly pointed out that the minister had informed the PM that auctioning 2G Spectrum would be “unfair, discriminatory, capricious and arbitrary” as this would deny a level playing field to the companies starting telecom business for the first time.

Raja had sent the communication in response to PM’s letter sent to him earlier in the day advising the Telecom Ministry to adopt a transparent procedure and that the PMO should be informed before any fresh move on the Spectrum issue.

“Look at the gloss of the minister…See his command over the language...Look at the attitude,” the Bench remarked sarcastically, explaining that the standard practice in official communication, particularly while writing to a superior, was to ensure that language was “temperate.”

Senior counsel TR Andyarujina, who argued for Raja, however, maintained that his client “may be guilty of gloss, but he is not guilty of disrespect.” The PM did not have time to apply his mind to such technical issues and it was the duty of Raja to explain it to the PM, he contended.

During daylong submissions by Raja, the Bench also found fault with him for rejecting then Law Minister HR Bhardwaj’s suggestion that the Telecom Ministry refer the “whole issue” to the empowered Group of Ministers (eGoM), besides taking the advice of the Attorney General.

Raja should have referred the matter back to the Law Ministry, instead of writing to the PM stating that the Law Minister had given the suggestion “out of context” when the department of telecom had only asked for the opinion on the procedures to be followed and not on the telecom policies which had already been approved by the Cabinet.

The SC also wanted to know why Finance Ministry officials were kept out of a crucial meeting of the full Telecom Commission in January 2008 despite the fact that the ministry had raised some objections and was closely linked to the financial aspects of Spectrum allocation.

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