The Supreme Court has the power to order an investigation into allegations of large-scale theft of a national resource. When the allegations relate to the powerful then it does not have to be first convinced about the prima facie existence of a case to allow it to proceed further. This is the clearcut message flowing from the apex court's order in Suresh Chandra Sharma vs Chairman Uttar Pradesh State Electricity Board, which has directed an investigation into the political interference with the functioning of the Board and theft of power by industries or high voltage consumers. With this public interest litigation (PIL) enters the domain of economic mismanagement and defalcation.In addition the SC has also clarified that it has the power to devise an investigative machinery of its own for finding out the ``merits of the various allegations'' presented before it in a public interest litigation.
This constitutes the Supreme Court into a virtual super manager of both the national and the state economy asits judges can order a probe into a sector as and when they think fit. All that the court has to say is that ``we are satisfied that at this stage an order is required to be made''. No reasons are required to be given for the order.
The judges chose the following five areas as fit for invetigation out of the public interest litigation before them: large-scale theft of electricity by consumers of all categories but in particular HV1 and HV2 consumers, with or without the connivance of the officials of the SEBs and ways and means to deter it as also extent of responsibility in cases of theft where no connivance is proved; an instrumentation system for metering supply of electricity with appropriate checks and balances through computerised software so that theft of the electricity is minimised and proper recordings are available; energy auditing and in particular proper systems of auditing and metering electricity which is generated and supplied throughout the state irrespective of the sector or area to whichits is supplied; political and high-level interference in the independent functioning of the Board and accountability; loss of coal wagons purported to be in transit to the UPSEB, including ways and means to deter it -- accounting and responsibility.
For dealing with these areas and the allegations in the petition the Supreme Court constituted the following committee: S. Venkatnarayanan a retired IAS officer and former Chairman of the National Power Finance Corporation: Prakash Singh former DGP of Uttar Pradesh and former director general Border Security Force; R. N. Srivastava Chairman Central Electricity Authority. Dr E. A. Sarma Secretary Union Ministry of Power and an expert auditor to be nominated by the Comptroller and Auditor General of India. Mr B. B. Sharma, former member-secretary of the UPSEB will function as the secretary of the Committee.
The court has directed the CBI to make available to the Committee two officers -- one of the rank of DIG and the other of the rank of SP. In addition thecommittee can consult any experts necessary for its work.
Its specific work is to enquire into the allegations and ``identify those who are responsible to be made in respect of stolen energy or otherwise, those responsible for the theft or unauthorised diversion of coal wagons and appropriate compensatory measures in terms of money or otherwise for each of the instances. It must report to the court within six months counted from the date of the order, January 13, 1998.
The Committee has been empowered by the Court to ask for and inspect whenever necessary relevant documents, information and apparatus. It shall exercise all the powers required for the proper discovery of relevant facts in relation to its investigation. It can summon parties, record their statements and receive all necessary evidence for its task.
The Union and the Uttar Pradesh governments, the UPState Electricity Board, the Central Electricity Authority and all agencies of the UP government has been directed to render all assisstance tothe Committee as and when required by it. All enquiry reports on the coal wagons and all relevant papers relating to energy auditing system as also designing of an instrumentation system shall be made available to the Committee on its request.
The expenses of the Committee are to be borne by UP and UPSEB. They shall also make necessary support and amenities available to it. Will the court succeed where the Centre and the states have failed?
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
