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SBI Capital has also suggested that it should be allowed to take over the assets and infrastructure of the 2G operators whose licences have been cancelled by the Supreme Court. The apex court in February asked the Government to cancel 122 licences given in 2008. Those affected include Etisalat DB, Uninor, Sistema Shyam, Videocon, STel and Loop. This has made the banking sector very nervous as most of these companies had taken huge loans for investing in the business.

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Third, the common argument of those who support Afzal relates to the alleged infirmities in the trial, to alleged errors in the judgments of the courts and to other merits of the case. It has been well established for decades that the clemency provisions have nothing whatsoever to do with the merits of the case. Article 72 creates no appeal from the apex court to another adjudicatory body above the apex court. The central government does not and cannot scrutinise the legal errors of the apex court or other courts below. It is entirely possible for clemency to be granted despite the absence of any legal error on grounds of disease or family circumstances. Conversely, it is entirely possible for clemency to be denied despite the existence of several egregious legal errors, on the ground that there are no special equitable circumstances justifying clemency. 2351a5e196