New Delhi: The Supreme Court
on Monday sought a reply from both the Centre and state-owned telecom
operator Bharat Sanchar Nigam Limited (BSNL) on a plea seeking to quash
an agreement for use of outdated 2G technology in the state of Arunachal
Pradesh and two districts of Assam.
A bench of Justices headed by
Madan B Lokur and Deepak Gupta sought responses from the Centre and
BSNL along with the two states within three weeks.
It is to be
noted that a plea was filed by an NGO claiming that the outdated 2G
network technology was procured at a huge cost while the 4G technology
was available at a cheaper rate.
Following which in the month of
August, the Delhi High Court dismissed the NGO’s plea which had sought
quashing of the agreement and termed it as a ‘Policy Decision’ of the
Government.
“Move to deploy an outdated 2G technology will not
serve any purpose for the people of the two states for the benefit of
whom this project is being deployed,” the petition read, adding that 2G
and 3G technologies have already been declared by TRAI as “yester-years”
technology.
Advocates Prashant Bhushan and Pranav Sachdeva who
appeared for the NGO contended that the decision of the government was
aimed to favour two private companies and was discriminatory.
Furthermore,
the plea also sought to quash the agreement signed between the
Department of Telecom (DoT) and BSNL on January 16 this year that
mandated the use of the 2G technology, which was being purchased at a
huge cost Rs 2,258 crore from two private companies with “mala fide
intention.”
It may be mentioned that the counsels further said
that the decision was contradictory to the central government’s policy
of “Digital North East 2022” and as per the Indian Telegraph Act, the
government is obliged to provide all types of telegraphy services at
affordable rates to the rural and unconnected areas.
Bhushan
further argued that the public money of Rs 2,258 crore will go down the
drain if the agreement dated between January 2016 was not quashed, as
public funds cannot be allowed to be wasted for the benefit of private
companies.
Interestingly, the counsels also challenged the High
Court order in the top court, saying, “that the High Court was erred in
terming the issue of deployment of 2G technology as a policy matter.”
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