Justice GS Singhvi led the two-judge bench that declared all the licences issued by Mr Raja "illegal and arbitrary" and cancelled them in 2012.
Yesterday, Mr Raja was let off the hook by a special CBI court that said "a huge scam was seen by everyone where there was none." As the Congress called it vindication, the ruling BJP's main counter was the Supreme Court order that had accepted corruption in spectrum allotments.
"The issue before the CBI court and the Supreme Court were completely different," said retired Justice Singhvi in an exclusive interview to NDTV, stressing that it was for the CBI court to decide on corruption or conspiracy charges.
"The issue before the Supreme Court was the allocation of spectrum without auction - the fundamental principle of distribution of natural resources through auction," he said, adding that he held it was impermissible.
"Whether there was a conspiracy in spectrum allocation and any corruption was not before us - that was for the CBI court to decide," Justice Singhvi added.
The "2G" case involves allegations - based on then national auditor Vinod Rai's report - that there had been massive irregularities in the allocation of second generation or 2G licences when Mr Raja was minister. Licenses were given to telecom operators in 2007-2008 at throwaway prices without a bidding process at the cost of Rs 1.76 lakh crore in revenue loss to the government, said the report.
The allegations devastated then prime minister Manmohan Singh's Congress-led government and left the Congress party battling allegations of deep-rooted corruption. Yesterday, the party demanded an apology from the BJP.
Union Minister Arun Jaitley, however, reminded that the Supreme Court had accepted epic corruption while cancelling the 2G licences and ordering an auction.