2G scam verdict: Verdict raises questions on 122 cancelled licences

Even as a trial court failed to find a scam in the 2G spectrum allocation case on Thursday, the Supreme Court had five years ago cancelled 122 telecom licences and spectrum allocated to 11 companies on or after January 10, 2008 by former telecom minister A Raja.

Declaring the allocation illegal, the top court had then taken over the investigation and the prosecution of the case, monitoring it for five-long years now.

In 2011, a bench of Justices GS Singhvi and AK Ganguly held that spectrum was a natural resource and "are vested with the government as a matter of trust in the name of the people of India, and it is the solemn duty of the state to protect the national interest, and natural resources must always be used in the interests of the country and not private interests."

Trial court's verdict throws the spotlight back on the top court's decision to cancel the licenses. If there is no scam, then what happens to the licenses that were canceled on the assumption of a scam?

Furthermore, the trial court has punctured holes in the CBI's case calling it a "well choreographed chargesheet." Special Judge OP Saini ruled that he had "absolutely no hesitation in holding that prosecution has miserably failed to prove any charge against any accused".

Special judge OP Saini's acquitted all the accused in the case based on the inability of the prosecuting agencies to prove the charges, despite the fact that the top court had maintained on no less than three occasions, that it was keeping an eagle eye on the probe.

"We are, prima facie, satisfied that the allegations contained in the writ petition and the affidavits filed before this Court, which are supported not only by the documents produced by them, but also the report of the Central Vigilance Commission, which was forwarded to the Director, CBI, on October 12, 2009 and the findings recorded by the CAG in the Performance Audit Report, need a thorough and impartial investigation," the Supreme Court had recorded in its order.

The top court had also backed Comptroller Audit General (CAG) Vinod Rai's work as the "most important officer under the Constitution of India and his duty, being the guardian of the public purse, is to see that not a farthing of it is spent without the authority of Parliament".