The Hindu : National : CBI did not get nod to prosecute Sharma

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Wednesday, Nov 03, 2004

National

National

CBI did not get nod to prosecute Sharma

By Our Special Correspondent

NEW DELHI, NOV. 2. Officials of the Central Bureau of Investigation said that the matter concerning sanction to prosecute the former Union Petroleum Minister and Congress leader, Capt. Satish Sharma, in the petrol pump allotment case remained pending with the Ministry of Home Affairs. At times, certain clarifications and information were called for and they were provided. On September 27, 2004, the Home Ministry conveyed to the CBI that it had been decided "with the approval of the Home Minister not to grant sanction for prosecution of Captain Sharma.'' Accordingly, the CBI filed the plea for closure on October 29, 2004.

The CBI registered a regular case against Capt. Sharma on November 16, 1996 on directions given by the Supreme Court. Common Cause, a registered voluntary organisation, had filed a writ petition.

The allegations related to the arbitrary allotment of petrol pumps, gas agencies and kerosene depots to persons known to Capt. Sharma, relatives of his personal secretary, sons of Ministers and relatives of the chairman or members of the Oil Selection Board.

In yet another complaint by H.D. Shourie of Common Cause, the CBI registered a preliminary enquiry on January 30, 1996 alleging that officials of the Ministry of Petroleum and Natural Gas showed favour in allotment. Finally, 14 criminal cases were registered against Capt. Sharma and 23 others in September 1997.

CBI report

In the first case, the agency's Superintendent of Police (SP) sent a report to the Government on May 2, 1997 to obtain sanction for prosecuting Capt. Sharma under Section 197 of the Criminal Procedure Code. The CBI had proposed to file 14 chargesheets against the former Minister and 23 other accused. A report was also submitted to the Supreme Court on May 5, 1997. This was during the rule of the Congress-supported United Front Government, which was headed by Prime Minister H.D. Deve Gowda.

In the second set of cases, filed under various provisions of Section 13 of the Prevention of Corruption Act, 120-B and Section 409 of the Indian Penal Code, the CBI filed the SP's report to the Government on June 21, 1999 for sanction to prosecute Capt. Sharma. The National Democratic Alliance (NDA), led by the BJP, was at the Centre when the CBI request was sent.

Charges against NDA

Incidentally, the NDA Government itself was rocked by allegations of irregularities, favouritism and arbitrary allotments of petrol pumps and LPG outlets in August 2002 when Ram Naik was the Minister for Petroleum and Natural Gas. It was alleged that over half of the 3,850 allotments till mid-2002, went to BJP workers, their relatives and Sangh Parivar activists. The issue saw the Centre moving the Supreme Court. All the allotments then came under scrutiny as the apex court directed that "tainted allotments'' made for extraneous considerations be cancelled. The apex court appointed a committee that has so far sent notices to 297 allottees.

Meanwhile, Capt. Sharma filed a review petition before the Supreme Court in 1997 in which directions for investigations were given to the CBI. The apex court had held that the "power to allot cannot be treated as a property within the meaning of Section 405, capable of being misused or misappropriated.''

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