New Delhi: The Supreme Court on April 25 stayed a telecom dispute tribunal's (TDSAT) order directing the government to give to cellular phone service providers copies of files pertaining to its decision allowing wireless in local loop (WLL) operations.

A Bench comprising justice Y K Sabharwal and justice H K Sema admitted a government petition challenging the TDSAT order and stayed the portion of the order, which had directed that copies of the files be given to cellular operators.

The government had claimed privilege on files pertaining to the decision-making process that allowed WLL services to fixed line operators.

The Centre had on April 17 challenged the TDSAT order directing the government to give cellular operators copies of certain sensitive documents relating to the contentious WLL issue and said disclosure of such papers would harm public interest.

The Centre's petition stated that direction of TDSAT to give copies of the privileged documents to the contesting private litigating parties, who had "commercial and other interests", would be against public interest.

The most important question raised by the government in the petition was – "whether disclosure of secret notings in government files, for the perusal of adjudicating body is adequate or disclosure is necessarily to be made to litigating business rivals" as well.

Of the three documents, on which the government had sought privilege, two were internal notings and the third consisted of minutes of a meeting of secretaries.

"The TDSAT rejected the claim of Union of India of privilege without considering the fact that the documents in question belong to a class of documents, disclosure of which would injure public interest," the petition said.

Stating that its appeal was filed on a "point of principle so as not to set a precedent that may harm the administration and policy making subsequently in all departments and ministries of government", the petition pointed out that the Centre sought to preserve its privilege on contents of its documents and files from being disclosed in legal proceedings to private litigation parties, who have commercial and "other interests".

"The Union of India claimed no such privilege against the court looking into the records," it said.

Government's appeal in the Supreme Court follows TDSAT's order of April 8, 2003 directing the Centre to file certain documents for which privilege had been claimed.

In its order, the TDSAT had opined that at a time when allegations of extraneous considerations or mala fide had been made, it was more appropriate that any claim of privilege, even if there was one, should be waived.

PTI