Utkarsh Anand Profile picture
Jun 11, 2020 15 tweets 6 min read Read on X
#AGR matter begins in the #SupremeCourt.

SG Tushar Mehta appears for DoT, points out the application filed to allow staggered payments by the telecom companies, including #Airtel and #Vodafone Idea of the AGR dues of around Rs 1.47 lakh crore.
Mehta submits directing telecom majors to pay the #AGR dues in one go will impact the interest of customers in so far as quality & services are concerned. Govt tells customers will suffer in case repercussions on telecom majors will have impact on consumers across the country.
#SupremeCourt asks SG what's the guarantee that telecom companies will abide with the time frame fixed. "How can you secure the sum? Undertakings won't suffice. Some may rather go to jail than paying up. How will you ensure payments".

#AGR
SG Mehta says telecom co.will have to satisfy the #SupremeCourt about payments.

Tata Telecom seeks adjournment to enable telecom firms file their replies to the proposal by the Govt.

#AGR
The bench, led by Justice Arun Mishra, questions what's the justification for striking off #AGR dues of PSUs when the court judgement didn't say anything like that.

"I wonder everyday how our judgment has been used & misused. Who is this gentlemen doing nuisance?"
Even as SG submits license conditions are different for the PSUs, the bench expresses displeasure over bills being issued to PSUs despite the court judgment not saying anything on this.

"Tell us why it was raised & what's your suggestion to them? Is it to pressurise the court?"
"Licensing conditions are different..vast differences..so how did you raise the bills? Was it only to put this court under pressure that PSUs will also have to pay? Are you going to withdraw it? What do you say?" the bench asks SG.

PSUS have been given bills of Rs 4 lakh crore.
SC: "This demand from the PSUs is impermissible. Your officers can't go scot free. They will have to explain how did they raise such a demand. It was completely illegal. You better withdraw this demand. These officers are misusing our judgment. Let them file affidavits now."
"Who has seen 20 yrs? Nobody knows what will happen in next 20 yrs..not even companies. Your plea of 20 yrs can't be reasonable, especially when this matter is already pending for 20 years. Litigation begins on 1999," remarks SC on DoT's application for payment over 20 years.
AM Singhvi appears for Bharti Airtel, submits they have paid 100% as per their calculation.

On Singhvi's statement that licenses of spectrum can be cancelled in case of failure of a new payment schedule, SC says it will need something more. "Bank guarantee?"
Sr adv Mukul Rohatgi, for #Vodafone, too says licenses & spectrum charges have been secured by telecom co. at thousands of crores & they can be cancelled, transferred in cases of failure to pay.

Rohatgi: "We don't even have enough to pay our employees."
SC emphasises the #AGR dues have to be recovered from the telecom co.

"We want to make sure money comes to the Govt. Find our from clients about bank guarantees, personal guarantees, undertakings etc," SC asks lawyers.
Justice Mishra asks SG to adduce the latest statistics on the #AGR dues owed by the companies & proposal to recover it.

When asked to also give data on the current revenue by the telecom co., SG says the Govt may not have this information. Rohatgi says firms will give it.
SC in its order on #AGR:

* Says its 2019 judgment couldn't have been made basis of raising demands from the PSUs

* Asks DoT to reconsider its bills to PSUs

* Telecom co.to file affidavits on how will they pay the dues
#SupremeCourt will take up the #AGR case on Thursday next by which telecom companies, DoT will file their affidavits on payments and schedule.

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More from @utkarsh_aanand

Jul 20, 2021
#SupremeCourt reproaches the #Kerala Govt over #lockdown relaxations owing to #Bakrid. SC calls it shocking state of affairs that the state government gave in to pressure groups.
SC adds affidavit by the #Kerala Govt is alarming & doesn't in real manner safeguards right to life guaranteed to all the citizens of #India.
#SupremeCourt underlines if there is any spread of the infection due to the relaxations by the #Kerala Govt owing to #Bakrid, any person can bring it to the notice of the court which will then take appropriate action.
Read 4 tweets
Jul 19, 2021
Hearing to commence before the #SupremeCourt on suo motu on the #KanwarYatra.
An application has been filed in this matter by @pkdnambiar against relaxation of lockdown norms in #Kerala for #Bakrid celebrations.
Hearing begins. Court goes through the latest affidavit by the #UttarPradesh Govt, cancelling the #KanwarYatra.
Sr adv CS Vaidyanathan reads out the affidavit that states that kanwar sanghs have themselves decided not to have the #KanwarYatra & hence, no orders from the state disaster management authority is required.
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May 26, 2021
Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
Goa court scans the complainant's phone & messages to note that "it was entirely the norm" for her to have flirtatious relationships & sexual conversations with friends & acquaintances.
Since she refused to give access to her email citing concerns of privacy when her phone details had already been used to humiliate her over her personal details, #Goa judge holds that she "wants to hide something."
Read 10 tweets
May 25, 2021
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
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May 24, 2021
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.

It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.

Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.

As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers
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May 6, 2021
#SupremeCourt hearing on #OxygenShortage in #Delhi underway: Centre informs that #Delhi received more than 730 MT of medical #oxygen yesterday, in compliance with the court order.
SG Tushar Mehta adds a survey last evening has revealed all major #Covid
hospitals have sufficient #oxygen & there wasn't a single complaint of stock-out. A large quantity of #oxygen received y'day is still to be distributed by #Delhi, prolonging the turn around time. S
SG Mehta's note further points out #Oxygen to #Delhi has come at the cost of demands by some other states & under the orders of the #SupremeCourt.
Read 19 tweets

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