2004 INSC 1352
(Supreme Court Of India)
Mukund Swarup Mishra
v.
Union of India & Others
( Y.K. Sabharwal and P.P. Naolekar)
Transferred Case (Civil) No. 100 Of 2002 With Transferred Case (Civil) No. 101
& 108 Of 2002 | 13-12-2004

1. Various applications have been filed raising objections to the report dated 29th
September, 2004, filed by the Committee comprising of Mr. Justice S.C. Agrawal,
former Judge of this Court, and Mr. Justice P.K. Bahri, former Judge of the Delhi
High Court. Many applicants seek impleadment and intervention.

2. Before we consider the recommen-dations made in the report and the various
applications that have been filed, it would be necessary to have on record the
response of Ministry of Petroleum on the principles taken into consideration by the
Committee for coming to the conclusion that in respect of 297 allotments, selection
could not be said to be made on the basis of merit or that the allottee did not fulfil
the eligibility requirements or had incurred disqualification on account of
suppression/concealment of material information relating to their eligibility for
consideration. The facts have been gone into in detail by the Committee in its
report. At present, the Ministry may not respond to the factual aspects and
concentrate on the aspects of principles since we have indicated to learned Counsel
that except in rate and exceptional cases, this Court would not go into the facts, the
same having been gone into and examined by the Committee.

3. The Ministry shall also place on record its suggestions regarding the steps to be
taken in the event of the stay being vacated as interim measure and/or the
cancellation of allotment on acceptance of the recommendations made in the
report.

4. Learned Counsel appearing for the applicants are directed to file one joint brief
synopsis putting on record points sought to be urged against the report.

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5. It is also desirable to appoint a Senior Counsel and another Counsel to assist him
as amicus to assist the Court in these matters.

6. The aforesaid directions be complied with by 10th January, 2005.

7. List for directions on 18th January, 2005.

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