I am not a Legal Eagle. I am a very low profile advocate. But I see difference between 2G and Coalgate.
First Principle of Law
Court has full power to set aside "Decision Making Process"
but
has limited power to cancel a "policy of Government."
2G Scam
Here some people were given advance information on Declaration of policy of First Come First Served. When policy was declared, some people had already prepared bank drafts for deposit money. It was an outright fraudulent act, confirmed by subsequent transfers of licenses.
Therefore, Supreme Court has power to cancel it.
COALGATE
Here, a policy was there.
Policy was not challenged for years by anyone.
A screening committee was appointed for examining merits of case.
Only those licenses can be cancelled where 1) False details are given 2) Collusion with members of screen committee is found.
AND IF YOU WANT TO
If you want to cancel all CoalGate licenses, you have to further prove that (1) Policy was fraudulent (2) Entire Screening Committee functioned in fraudulent manner (3) No criteria was fixed (4) Kickbacks are visible. (5) Screen Committee was just a MASK (6) What you cannot do directly, you cannot do it indirectly by setting up a Committee.
This is a tough legal task.
Haresh Raichura
8/9/2012
