A legal opinion obtained by the Department of Telecom has indicated that Sistema Shyam may have violated the Supreme Court’s order to cancel 2G licences.

According to the legal opinion given by Additional Solicitor General, Sistema Shyam was not entitled to continue services after February 15 when the apex court had given its final ruling on the issue.

“It is obvious that Sistema Shyam has committed contempt of court,” the AG stated while giving his opinion. However, DoT’s senior advocate P.P. Rao has given a different opinion. According to Rao, the DoT could have allowed the company to continue services in public interest on the condition that Sistema Shyam pays spectrum usage charges.

Sistema Shyam had participated in the auction held in March 2013 where it won back spectrum in 8 circles. But the Supreme Court order came on February 15 asking all 2G players to cease operations immediately. Had the company closed operations in line with the court’s order, then Sistema would have had to give up on its subscribers till the time it won back spectrum almost a month later.

Therefore, the company had requested DoT to allow it to continue services.

But the ASG has opined that no such request could have been made by the company to the DoT. The only option it had was to move the Supreme Court, the opinion said.

> thomas.thomas@thehindu.co.in

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