Supreme Court stays High Court Order to remove Mobile Towers near Jails

May,30,2017:

The dislocation of the Cell Towers would have affected the services of 80 lakh customers.

On Monday, Supreme Court  stayed Rajasthan Government's order directing mobile operators to remove the cell towers within 500 meters of the jail premises by June 8, 2017.

Vacation Bench comprising of Justices A.K. Sikri and Justice Deepak Gupta issued notice to Rajasthan Government to hear State’s version. The stay came on a plea by Cellular Operators Association of India (COAI)

COAI, represented by the Senior Advocate Kapil Sibal, submitted that order, if implemented, would entail removal of 500 towers.

It sought direction to State not to seal mobile towers or take any coercive step against cellular operators in pursuance of May 9 order.

COAI said that the cellular operators had 400 base transceiver stations (BTSs) within the 500 meters of the jail premises in the State, which includes base station controllers sites. If they are removed, it would result in the poor quality of the service.

In its appeal against November 27, 2012 judgement of Rajasthan High Court, which had directed removal of mobile towers from the Hospitals and Schools within two months and from within 500 meters of jail in six months, was pending before Apex Court.

Association claimed that August 31, 2012 policy decision of State Government, requiring removal of the cell towers within the 500 metres of  the jail premises, had been “superseded” by State on February 6,2017.