3G: Centre restrained from taking steps against Vodafone, Idea

April 12, 2013

3G_Centre_restrained

New Delhi, Apr 12: In a breather for Vodafone and Idea Cellular, the Delhi High Court today restrained the Centre from taking any "coercive steps" against the telecom majors which have been asked to pay penalty of Rs 550 crore and Rs 300 crore respectively for providing 3G services outside their circles without requisite licences.

Justice Rajiv Shakdher, referring to a Supreme Court order on a plea of Bharti Cellular Ltd in a similar case, asked the Department of Telecommunications (DoT) not to take any coercive steps in pursuance of its notices issued to the telecom companies asking them to stop providing 3G services to mobile users in the circles for which they lacked licences.

"Meanwhile, the petitioners (Vodafone and Idea Cellular) are directed not to add new customers for providing 3G services," Justice Shakdher said and issued a notice to the DoT to file its reply to two separate petitions of the telecom service providers.

Senior advocates A M Singhvi and Maninder Singh, appearing for Idea Cellular and

Vodafone respectively, sought the stay on the operation of DoT notices asking the telecom majors to pay the penalty and stop providing 3G services outside their licence areas by entering into intra-circle roaming pact with other telecom firms.

Distinguishing between the case of Bharti Cellular Ltd and that of Idea and Vodafone, Singhvi said, "In our case, no committee was constituted to hear us and not only the order of the division bench but the principle of natural justice was violated. Our case is different from that of Bharti Cellular Ltd."

Meanwhile, the court allowed the plea of another senior lawyer Mukul Rohatgi that Reliance Communication Ltd be impleaded as a party to the petitions filed by Vodafone and Idea Cellular.

Earlier, the Supreme Court had directed the Centre not to take any coercive steps against Bharti Cellular Ltd. The apex court had asked the telecom company not to extend its roaming services to new customers in seven circles where it does not have licences for 3G spectrum.

Bharti Cellular Ltd (BCL) had moved the apex court after the division bench of the High Court vacated its stay on the operation of a DoT notice against BCL for providing 3G services outside its licenced circles.

Subsequent to the high court order, the DoT issued similar notices against Vodafone and Idea Cellular. Aggrieved by the notices, the two telecom firms moved the High Court and simultaneously sought intervention in the apex court in the hearing of the BCL plea against the DoT notice.

The DoT had issued notices to Vodafone and Idea Cellular asking them to pay penalties of Rs 550 crore (11 circles) and Rs 300 crore (six circles) respectively for providing 3G services to customers outside their circles where they did not get the requisite licences in the spectrum auction held in 2010.

The DoT notices asking them to stop 3G mobile phone services in circles where they did not win spectrum in the 2010 auction of the radio waves were issued days after the Delhi High Court set aside a stay on a similar notice served on BCL.

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News Network
June 19,2020

New Delhi, Jun 19: RJD and AAP were not invited to the all-party meeting called by Prime Minister Narendra Modi on Friday to discuss the situation at the India-China border after 20 Indian soldiers were killed in a "violent face-off," leaving the parties fuming.

Top RJD leader Tejashwi Yadav criticised the government for not inviting the party to the meeting, asking on Twitter late Thursday night, "Just wish to know the criteria for inviting political parties for tomorrow's (Friday's) all-party meet on Galwan Valley. I mean the grounds of inclusion/exclusion. Because our party hasn't received any message so far."

AAP's Rajya Sabha leader Sanjay Singh joined the chorus, "there is a strange ego-driven government at the centre. AAP has a government in Delhi and is the main opposition in Punjab. We have four MPs. But on a vital subject, AAP's views are not needed? The country is waiting for what the Prime Minister will say at the meeting."

Sources said the government has set a criteria to invite only parties with five or more MPs in Parliament for the digital meet, where the Prime Minister will brief the top leaders of parties and hear their views on the way ahead. There are at least 27 parties in the Parliament, which have less than five members, while 17 have more than five members or more than five MPs.

Interestingly, RJD has five MPs in Rajya Sabha and its senior MP Manoj K Jha shared the Rajya Sabha website link on Twitter, which showed the party has five MPs. "We have not been invited and the government's bogus argument has been exposed," Jha said.

CPI leaders said General Secretary D Raja received a call from Defence Minister Rajnath Singh inviting him to the meeting and with a message that the Prime Minister's Office would coordinate but there was no follow-up after that.

"Exclusion of AAP and RJD in the all-party meet on a National debate does not augment well. AAP is ruling Delhi and has its CM. Why should people of Delhi be kept out in such an important debate on National integrity and Sovereignty?" former NCP MP Majeed Memon tweeted.

During the all-party meeting on COVID-19 too, the government had not called all parties with representation in Parliament to the all-party meeting in April and had set five MPs as a benchmark to be invited.

Raja had then written a letter to Modi demanding that the government should not get into "technicalities" and discuss the issue with all parties in Parliament.

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News Network
June 10,2020

New Delhi, Jun 10: Delhi recorded 1,366 fresh cases of COVID-19 on Tuesday, taking the tally to 31,309, while the death toll mounted to 905, authorities said on Wednesday.

According to a health bulletin issued by the Delhi government's health department, there are 18,543 active cases, while 11,861 patients have either recovered, been discharged or migrated.

No health bulletin was issued on Tuesday.

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News Network
March 4,2020

Mumbai, Mar 4: BJP leader Devendra Fadnavis on Tuesday said Maharashtra Chief Minister Uddhav Thackeray should not give "vague" replies on the 5 per cent Muslim quota issue and declare "with courage" that his government will not bring law granting reservation to the minority community.

Mr Fadnavis made the remark after Mr Thackeray, during a press conference earlier in the day, said he has not yet received the proposal regarding giving quota to Muslims and that the Shiv Sena-led government is yet to take any decision on it.

Mr Thackeray made the comments after Maharashtra Minority Affairs Minister Nawab Malik recently said in the legislative council that thestate government will provide 5 per cent quota to Muslims in education.

Mr Malik, an NCP leader, had also said the state government will ensure that a legislation to this effect is passed soon.

The NCP and the Congress, both proponents of Muslim quota, are constituents of the Sena-led Maha Vikas Aghadi government.

Asked about Mr Thackeray's remarks on the issue, Mr Fadnavis said instead of making comments at the press conference, the chief minister should make a statement in the legislature which is currently having its budget session.

The Leader of the Opposition in the assembly said that Mr Malik's opinion is the official position of the government as the minister had talked about giving quota in the council.

"So, instead of making vague comments in the press conference, the chief minister should say in the council that it is not his view (the one expressed by chief minister).

"The chief minister gave vague answers during the press conference, saying the proposal has not come to him. Your minister (Malik) only has said it," Mr Fadnavis told reporters outside the legislature building complex.

The BJP leader maintained there is no provision in the Constitution for religion-based reservation in government jobs or education.

"Say with courage that you will not give the quota, that the Constitution doesn't accept quota based on religion. Hence, we (the government) will not bring law granting quota," the former Chief Minister said.

Mr Fadnavis claimed that if given within the 50 per cent ceiling set by the Supreme Court, the Muslim quota will affect the existing reservation granted to OBCs.

"And if given outside it, it will affect Maratha quota," he added.

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