Let CCS decide on S-band deal: SG

The DoS has been asked to submit a Cabinet note so that the decision to cancel the 2005 deal.

Solicitor General Gopal Subramanium has told the government that the Cabinet Committee on Security (CCS),which is fully empowered to lay down the policy on matters concerning security and strategy,can take the decision to annul the controversial Antrix-Devas S-band spectrum deal.

Subramaniums opinion was sought by the Department of Space (DoS) on whether ISRO could unilaterally decide to walk out of the agreement inked in 2005.

Sources told The Sunday Express that in his short opinion,Subramanium has said that the agreement can be annulled by the CCS at its next

meeting in public interest. He has also pointed out that the agreement itself says that in case of any dispute either of the parties can only seek redressal through arbitration and not a civil suit.

Story continues below this ad

This,incidentally,is the second legal opinion sought by the DoS on the matter in as many years,with an opinion cleared by then Adviser to Law Minister,T K Viswanathan,recommending to the department to scrap the deal,which is seen as heavily loaded in favour of Devas. The DoS had cited requirement of adequate spectrum in its satellite to meet the demand of the security forces.

However,for some reason,the government didnt take any steps to implement the recommendation made in the last years legal opinion even though in December 2009,ISRO had ordered a review of the deal and subsequently the DoS had recommended its annulment on July 2,2010. The Space Commission had also suggested restructuring Antrix,which is the commercial arm of ISRO,and a report on the matter had been submitted to ISRO subsequently.

The Indian Express had earlier this week reported that the government had decided to seek the clearance of the Cabinet on the issue of scrapping of the contract. The DoS has been asked to submit a Cabinet note so that the decision to cancel the 2005 deal can be taken at the next weeks CCS meeting.

Indias space research organisation ISRO has already claimed that a decision had been taken last year to review the contract as it was found to be loaded in favour of Devas,in which some former senior ISRO officials are also employed. The contract allowed Devas access to the scarce spectrum for its satellite systems and gave Devas rights to 90 per cent usage of transponders on two satellites.