The government has sought a review of the judgement to the limited extent of policy saying the apex court has entered into the exclusive domain of the executive and beyond the limits of judicial review.
In a breather to the government, the Supreme Court has agreed to hear in an open court its plea questioning the verdict in the 2G spectrum case holding as unconstitutional the policy of first-come-first-serve while cancelling 122 licenses.
The government has sought a review of the February 2 judgement to the limited extent of policy saying the apex court has entered into the exclusive domain of the executive and beyond the limits of judicial review.
The review petition contended the apex court's prescription of a single method for distribution of all natural resources, including spectrum, through "auction" route is contrary to the principle of separation of powers embodied in the Constitution.
A Bench of justices GS Singhvi and KS Radhakrishnan, after considering the review petiton yesterday in chamber, decided to hear it in the court on April 13.
"Let these petitions be listed in the court on April 13," the bench said.
The government in its petition has said the February 2 judgement cancelling the 2G licences "is liable to be reviewed since there are errors which are apparent on the face of the record" and there are other sufficient reasons for reviewing the verdict delivered by a bench of justices GS Singhvi and AK Ganguly (since retired).
While pointing out flaws in the policy of auction, the petition said there was error in the judgement that the state is duty-bound to follow this procedure in all cases as no reasonable authority could hold that in all cases, natural resources must go to the highest bidder.
The government had also questioned the apex court for interfering with the policy decision and said the judgement in respect of the policy is "directly contrary to the settled law."
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