This comes after the Delhi High Court earlier in the day refused to grant a stay on the 900 mhz auctions based on the pleas of Vodafone and Bharti Airtel.
Harish Salve, senior advocate, Supreme Court said he is not surprised by the companies deciding not to bid in the GSM auction. He believes the whole auction process needs a relook.
In an interview to CNBC-TV18 he said, the government needs to debate the auction issue in the parliament.
Below is the verbatim transcript of his interview on CNBC-TV18
Q: We saw a doomed auction from the start that is the previous one. We saw the telecom Empowered Group of Ministers (EGoM) go back to the drawing board, revise the price downwards. Then announce a roadmap for future auctions. We have seen this matter being taken to court and back and now you are at a situation once again with the GSM operators say the price is too high, we are not going to participate in the next round of auctions, what do you make of this?
A: I am hardly surprised that this has happened because this is an accident which has been waiting to happen. It is complete lack of clarity in way in which the government has functioned. It is the overall feeling of gloom, I don't know where the whole telecom sector is going, and nobody knows where the Indian economy is going. With 4G at everybody's heels nobody knows what the business model is going to be.
At a time like this the government should be courageous enough to come and tell the court that this whole telecom business needs a relook and auctioning it, is just not going to make sense.
Q: In the current atmosphere, do you think the court is going to buy the governments argument?
A: If they come out with the whole truth, if they candidly admit that firstly, they have given free spectrum to a lot of companies, they have given tons of spectrum without charging. They brought in the new ones, they did not want to touch the established players and then they did not defend their case.
The new set of licenses are not even defended by the government. They argued for 30 minutes.
I told them make a law and put the whole thing in perspective. The court said the cabinet's mandate was to auction. However, higher than the cabinet's mandate is parliament's mandate. So it should be taken to the parliament, debated and a law made. That is what they have to do and not this way by saying we are going to the court. The court is now increasingly getting a feeling that somebody is just trying to pip the court.
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