In the petition, the government has requested the court to initiate proceedings against the telcom company for deliberate and wilful disobedience of the apex court order of April 11.
The directive had asked telecom companies providing third-generation services in circles where they did not have spectrum to not enrol new customers.
Major telecom companies had signed agreements to share 3G spectrum and offer services across each others’ circles, as no operator had bought pan-India 3G spectrum in the 2010 auctions. The services are offered across circles through intra-circle roaming pacts.
Idea Cellular declined to comment.
According to the petition, Idea had filed an additional affidavit stating that it had “additionally decided” to provide 3G services to those customers who met the “criteria”.
The April order is clear and has to be complied with or obeyed in its entirety.
It is stated that Idea Cellular has mentioned in its petition it shall extend 3G services to all pre-paid or post-paid subscribers activated on or before April 12 who have used either of any 3G services - including data, voice, SMS, MMS or other VAS services - on the 3G seeker Service Network in the last 90 days preceding April 13, 2013.
According to the government petition, Idea Cellular had said it will be offering 3G services to customers who were not availing the service but had subscribed to one of the 3G service in the last 90 days preceding April 13.
According to the court order, no 3G service can be given to those who were not availing of the service as on April 12.
Earlier, the Department of Telecommunications (DoT) had asked Bharti Airtel, Vodafone India and Idea Cellular to end the 3G ICR pacts, and had imposed penalties on each of the telecom companies for alleged violation of licence norms. Bharti Airtel got a penalty of Rs 350 crore (Rs 3.5 billion), Vodafone India Rs 550 crore (Rs 5.5 billion) and Idea Cellular Rs 300 crore (Rs 3 billion).
On April 11, the Supreme Court had said Bharti Airtel would not be able to add new 3G
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