Raja seeks review of apex court’s 2G verdict


New Delhi : Jailed former telecom minister A. Raja Friday moved the Supreme Court seeking the review of its Feb 2 judgment in 2G case on the grounds of denial of natural justice as he was indicted by the verdict without being given an opportunity of being heard.

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Pointing out that he was criticized by the apex court for his “actions and inactions” and for alleged “devious methods and manipulations”, including alleged “arbitrary actions by him to favour some telecom companies, Raja in his petition said that all this was said against him without his being a party in the case.

He argued that the condemnation of his actions or inactions by the apex court was in “violation of the basic principle of fair play and justice and affording a person an opportunity of being heard before he is condemned”.

Citing eight paragraphs of the 2G judgment delivered by Justice G.S.Singhvi and Justice A.K. Ganguly (since retired) wherein he has been singled out for “alleged actions, illegalities, deviations and purposeful acts to favour the parties”, Raja said he was condemned without being given an opportunity to explain his side of the case.

The apex court by its judgment had cancelled 122 2G licences that were issued on and after Jan 10, 2008. It had held as flawed the first come, first served policy for the allocation of licences and favoured the auction of natural resources.

“It is submitted that the petitioner did not know, and could not have known that the court, while pronouncing its judgment, would return such findings and observations against him without giving him an opportunity of being heard,” Raja said in his review petition.

He said that the observation made against him by the apex court verdict that is being sought to be reviewed affects his reputation and affects his fundamental right under Article 21 of the Constitution.

Raja said that adverse observation against him by the apex court would prejudice his case before the court of the special CBI judge trying the 2G scam case.

Taking note of the concluding paragraph of the judgment, Raja in his petition said that even though the special CBI court trying 2G cases has been asked to decide the matter uninfluenced by the apex court judgment, it was unlikely that a subordinate court will disregard the adverse findings of the apex court and take an independent view.

Contending that in the event the special CBI court comes to findings which may be different or contrary to the findings of the apex court’s 2G verdict, the judgment of the top court would stand vitiated.

Citing the grounds on which he has sought the review of the 2G verdict by the apex court, Raja’s petition sought the review, reconsideration and setting aside of the judgment.