1999 (8) TMI 981 - SC - Indian Laws

Supreme Court Ruling on Anti-Corruption Measures and Lokpal Establishment

Common Cause, A Registered Versus Union of India

The Supreme Court addressed various issues raised in a writ petition regarding the establishment of Lokpal, measures to combat corruption by key ... - Issues Involved: Establishment of Lokpal, Measures by Comptroller and Auditor General, Chief Vigilance Commissioner, and Central Bureau of Investigation, Study of Prevention of Corruption Act, 1947, Implementation of Lokayukta in States, and Review of Judgment against Capt. Satish Sharma.The Supreme Court judgment addressed multiple issues raised in a writ petition filed by Mr. H.D. Shourie, seeking the establishment of Lokpal, measures by key institutions to curb corruption, a study to strengthen the Prevention of Corruption Act, 1947, and the implementation of Lokayukta in states. Additionally, it reviewed previous judgments against Capt. Satish Sharma concerning arbitrary allotments of petrol pumps.Issue 1: Establishment of LokpalThe petitioner sought a writ directing the Union of India to declare when it would bring a bill for the establishment of Lokpal or a similar institution. The Court noted that efforts were being made to draft a consensus bill, but it was ultimately a matter for Parliament.Issue 2: Measures by Comptroller and Auditor General, Chief Vigilance Commissioner, and Central Bureau of InvestigationThe petitioner requested directions for these institutions to indicate steps to overcome inadequacies in checking corruption. The Court did not issue specific directions but acknowledged the importance of these institutions in curbing corruption.Issue 3: Study of Prevention of Corruption Act, 1947The petitioner sought a commission to study and recommend strengthening the Act. The Court did not appoint a commission but highlighted the necessity of robust anti-corruption measures.Issue 4: Implementation of Lokayukta in StatesThe petitioner requested directions for state governments to implement suggestions for Lokayukta, including establishing the institution in every state, achieving uniformity in provisions, and conferring constitutional status. The Court emphasized the need for effective Lokayukta systems but did not issue specific orders.Issue 5: Review of Judgment against Capt. Satish SharmaThe review petition related to judgments canceling petrol pump allotments made by Capt. Satish Sharma and directing him to show cause for criminal breach of trust and pay exemplary damages. The Court reviewed the legal position on exemplary damages and the tort of misfeasance in public office.Key Findings and Directions:The Court found that Capt. Sharma's actions were arbitrary and mala fide but reconsidered the award of exemplary damages and the direction for CBI investigation. It held that the petitioner did not commit the tort of misfeasance in public office as the essential elements were not met. The direction for exemplary damages of Rs. 50 lakhs was recalled, and any amount deposited was ordered to be refunded. The direction for CBI investigation into criminal breach of trust or any other offence was also recalled, emphasizing the need for clear evidence before such directions.In conclusion, the Supreme Court addressed the issues raised in the writ petition, emphasizing the importance of anti-corruption measures and effective institutions while recalling the directions for exemplary damages and CBI investigation against Capt. Satish Sharma due to errors apparent on the face of the record.