While the TDSAT chairman allowed telecom operators' plea against the government's directive to stop intra circle 3G roaming, the tribunal's member dismissed it saying they cannot provide roaming
New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Monday gave a split verdict in the 3G intra-circle roaming case with its Chairman allowing operators' plea against the government order to stop the service, while its member dismissed it, reports PTI.
The two member bench comprising TDSAT chairman Justice SB Sinha and member PK Rastogi differed in their findings.
Justice Sinha allowed telecom operators' plea against the government's directive to stop intra circle 3G roaming saying that it was violative of natural justice. Rastogi, however, dismissed telecom operators’ plea saying they cannot provide roaming.
The chairman was of view that the DoT had not followed the proper procedure and the operators were not given proper time to put their views.
According to Justice Sinha it was a violation of natural justice. Setting aside the Department of Telecom (DoT)'s order to operators to stop intra circle roaming (ICR), he asked DoT to start the procedure afresh by giving proper time to operators to respond.
Meanwhile, Rastogi dismissed the appeal of telecom operators saying that they can't provide 3G services by having mere 2G licence.
TDSAT has a sanctioned strength of three people including the Chairman. However, due to retirement of its technical member the tribunal now has two people, which led to the split verdict.
The TDSAT had concluded its marathon hearing on the plea in April.
The tribunal had conducted in-chamber proceedings on the matter, at the request of the operators as they feared leakage of details and cost inputs of their respective ICR agreements.
The tribunal was hearing a bunch of petitions filed by the operators - Airtel, Vodafone, Idea, Aircel and Tata Tele - challenging the December 23 directions of the Department of Telecom (DoT) to scrap the pacts within 24 hours.
In an interim order on 24th December, the TDSAT had asked DoT not to take any coercive action against the operators till further orders for their 3G roaming pacts.
Earlier, the operators had handed over the copies of their ICR to DoT on the direction of the TDSAT.
On 16th February, the tribunal had asked them to explain as to how they would compensate the government if they lose the case.
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A hawker filed petition in the HC alleging abduction of another hawker by GRP and an activist, which the Court found absolutely fake case
Mumbai: The Bombay High Court has fined a hawker Rs5,000 for filing a petition in which he alleged abduction of another hawker by the Government Railway Police (GRP) and Samir Zaveri, a well know activist.
Zaveri had earlier raised the alleged scam involving Railway Police Force (RPF) personnel, who set up fake magistrate court and collected fines from commuters at Kurla. He said during 2008, the racket, operated in alliance with some insiders, and used to issue fake bail bonds to commuters caught at Kurla station.
The hawker, Akeel Farooque, filed a related petition in the case, claiming that some GRP personnel, with help from Zaveri abducted another hawker Bharti Mahto. Farooque said, Mahto went missing from 10 August 2011, after he was arrested by the GRP. He also claimed that Zaveri accompanied Mahto to the Police Station.
However, Shivaji Dhumal, senior inspector of GRP at Kurla filed an affidavit in the Court, in which he said there was no evidence provide by Farooque about the abduction or his informant. Dhumal said, even the Kalwa address of Mahto, provided by Farooque, turned out to be fake. Besides, Farooque never visited the police station to record his statement despite several reminders.
Zaveri also told the Court that he never met any person named Mahto.
A Bench of justices SA Bobde and Mridula Bhatkar, while upholding contentions of Zaveri and the GRP, said the petition appears to be an 'absolutely fake', and fined Farooque Rs5,000.