3G case: KM Birla to face contempt petition

Delhi HC issues notices for disobeying its earlier order to Idea, others The Delhi High Court on Monday sought response from Idea Cellular (ICL) and its chairman Kumar Mangalam Birla on a contempt petition against the telecom major for allegedly disobeying its earlier order by providing 3G services to new customers in circles where it lacks the requisite licences.

Justice Rajiv Shakdhar asked the telecom company and five others including Birla to file their response within four weeks and posted the matter for further hearing on August 5. Besides the telecom company and its chairman, the court also issued notices to Himanshu Kapania, Managing Director of ICL, Akshya Moondra, Chief Financial Officer of the firm, P Lakshminarayana and Pankaj Kapdeo, Company Secretaries of ICL. The Department of Telecommunications (DoT) had earlier moved the court seeking initiation of contempt proceedings against the telecom firm and its office bearers for "willful and deliberate" disobedience of a judicial order passed on April 12 by which ICL was restrained from providing 3G services to its new customers. DoT, in its plea, had said that instead of complying with the orders passed by this court, the petitioner (Idea Cellular) had filed an additional affidavit stating that it has 'additionally decided' to provide 3G services to those existing customers who meet the criteria. There is no criteria provided by this court, it had said. "The order of April 12 is clear and has to be obeyed in its entirely. The petitioner, under the garb of so-called criteria, has modified the condition imposed by this court on April 12. Therefore, it amounts to contempt of the said order," it had said.