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SC recalls verdict against Sharma

The Supreme Court today recalled its earlier orders imposing a fine of Rs 5 million and directing a Central Bureau of Investigation probe into the alleged largesse of former petroleum minister Captain Satish Sharma in allotting petrol pumps and liquefied petroleum gas dealerships from his discretionary quota.

The three-judge bench comprising Justices S Saghir Ahmed, K Venkataswami and S Rajendra Babu said in its judgement that no case was made out against Captain Sharma on the basis of the evidence on record.

The bench also ordered a refund of Rs 5 million already deposited by Captain Sharma pursuant to an order of another bench dated November 4, 1996 imposing the fine and passing severe strictures on him for misusing the discretionary quota for the benefit of his associates.

''We are of the opinion no case was made out against Captain Sharma,'' the bench observed while allowing his review petition against the 1996 order.

The earlier direction of the court to institute a CBI inquiry into the allotment of petrol pumps and LPG dealerships and also the inquiry into the other alleged offences committed by the petitioner while making these allotments were recalled by the bench.

The bench observed that ''such directions could be given only if a prima facie evidence is present on record'' and added that the earlier directions were against the right to life and liberty of the petitioner guaranteed under Article 21 of the Constitution.

Further, the bench said, ''The earlier directions are in complete negation of the law laid down consistently by the apex court.''

However, the judges upheld the direction in the earlier order regarding the rule of accountability of public servants and confirmed that ''there should be transparency in public dealings and action''.

UNI

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