Tried to balance in 2G verdict: Justice Ganguly

Last Updated: Tuesday, February 7, 2012 - 23:00

New Delhi: Justice AK Ganguly, who was on
the Supreme Court bench which cancelled 122 2G spectrum
licences, says the effort in the landmark verdict was to try
to "balance" the situation as best as the judiciary could
because of its consequences.

Ganguly, who retired last Thursday on the day 2G verdict
was delivered, at the same time said he is not hurt at
criticism that the judgement was a case of judicial overreach.

Stating that he was "aware of the consequences of the
verdict" and was undeterred due to personalities involved in
the case, Justice Ganguly said he along with Justice G S
Singhvi "tried to do best to do justice to the issues raised"
and "tried to balance the situation as best as could be".

Justice Singhvi was the presiding judge.

"The 2G case has certain additional features in a way
certain government policies were challenged. As a part of the
bench dealing with the case I can tell you that the bench
tried to do best to do justice to the issues raised," Justice
Ganguly told PTI in an interview.

"The bench was never, as it is not expected to be,
conscious of the persons involved in the case," he said.

On deciding the issues raised for the cancellation of
the 2G licences, Justice Ganguly said "the bench had to
proceed on the basis of legal questions and principles and not
on the basis of the personalities involved in it. At the same
time the bench was aware of the consequences of the verdict.

"Therefore, the bench tried to balance the situation as
best as it could be," Justice Ganguly said of the judgement
which could shake the multi-billion telecom market.

Undeterred by the criticism of the verdict in different
quarters including corporate world, he said "it is not
uncommon in democracy" and it is for the people to decide
whether the 2G verdict has enhanced the faith of citizens in
the justice delivery system.

Asked about the criticism by former Lok Sabha Speaker
Somnath Chatterjee, who dubbed the verdict as "judicial
overreach, Justice Ganguly said he did not feel hurt at all.

"I do not feel hurt as there is nothing personal. Nothing
to feel hurt," he said, adding that any judgement can be
criticized as "the criticism of the judgement is within the
fundamental right of people`s speech".

"But the criticism must be bonafide and on valid grounds.
Therefore, the criticism of judgement is not uncommon in
democracy," Justice Ganguly said.

He refused to be drawn into discussion on the alleged
role of Union Minister P Chidambaram and subsequent clean chit
given by the Special CBI Court to him in the 2G scam, saying
he would "not like to say anything."

Justice Ganguly said "Whenever cases involving
constitutional issues or policies comes before court, the
court ensures that the decision it renders enhances people`s
faith in justice delivery system and in this case also the
bench has tried to do so.

"All judgements should enhance people`s faith in system
and whether this judgement has done so is for the people to
say," he said while hoping that "justice will be done in the
the special CBI court," which is trying to do the trial in the
best manner.

He refused to comment any further on the merits of 2G
case, saying that there were reports that some people are
contemplating to seek review of the February 2 verdict.

PTI



First Published: Tuesday, February 7, 2012 - 23:00

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