Now after having fixed the blame on the then Telecom Minister for the manner of awarding licences- changing the cut off dates to favor a select few who had no prior experience in telecom, the judgment directs the trial court to conduct the trial without influenced by the verdict. The Bench had infact admitted that getting in to the domain of policy making is not ordained by the constitution to the courts, it justified its intervention in as much as it felt the policy in question was violative of constitution. This is a debatable point and liable to be challenged by those whose licences have been cancelled forgetting that they had invested heavily on the infra strucuture to roll out services. The comment that these new players had no prior exposure to telecom is something against the spirit of free enterprise With the abolition of licences for most of the industries, anyone who is prepared to invest in a particular field is free to do so. For that matter, Airtel prior to bidding for telecom licences were selling wheatflour in Ludhiana. BPL was in consumer electronics.

Arun Shourie was the only one to have objected to the order of the bench to auction spectrum which was not decided by the Government through its New Telecom policy which places improving teledensity as larger priority rather than earning revenue. His logical question was if all scarce resources are to be auctioned, will government go for auctioning water in line with SC directives? Shourie had been consistent through out the 2G saga because his NDA only invented the First come first served policy. Shourie found fault not with the policy per se but the shaddy implementation. The records suggest that everyone in the Government was in the loop through out the 2G licences allocation and yet when there was a public outcry following explosive CAG report which estimated the loss to the exchequer albeit notionally at a whopping  Rs. 1.74 lac crore they passed on the buck to the then Minister A Raja, PM led the pack when he said he could not do anything even if he wanted to since it was a coaliation government. The Man who made the PMO to remove the power of price fixation from empowered group of Ministers. Dayanidhi Maran has been let off.

The telecom companies who have lost the licences may ask for compensation for the investments already made and go for arbitration. This was the reason adduced by the Attorney General and the then Finance Minister for not cancelling the Letters of Intent even before investments were made.

2G Saga has been blown outof proportion in a business and political battle. If one recollects memory, when the spectrum was vacated by Ministry of Defence, only Ratan Tata said that spectrum should be priced somewhere about 1000 crores whereas Mittals and Ambanis wanted them free. Ratan Tata is alleged to have influenced the ministry formation through leaked radia tapes- which he vehemently denies even now. It was pure busines rivalry that took the nation to ransom . I believe that like the US security administration has taken up the task of cleansing insider trading by stringent action against Rajat Gupta, SC and others have taken the task of cleansing politician businessman nexus by punishing Raja and discrediting his party DMK. While those Mahajans Marans and Shouries got away for selling spectrum cheap, Raja is made the scape goat with even his party seem to be drifting away from him.