Summary
The Supreme Court disposed of a public-interest petition concerning alleged multiple petroleum dealerships, adulteration and direct kerosene subsidy. The fact-finding inquiry had not conclusively determined the dealership allegations, and the oil companies were absent. The petitioner could submit material to them for lawful consideration after hearing necessary parties; no merits finding was made. The Ministry’s measures against adulteration and proposed subsidy pilot were treated as policy matters. No CBI investigation or compulsory subsidy-transfer scheme was ordered.
Issues
- Whether the Court could determine the disputed dealership allegations in the absence of the oil companies.
- Whether further judicial directions were warranted on adulteration controls and direct kerosene subsidy.
Held
- The inquiry did not conclusively establish the allegations. Whether dealerships were held benami or contrary to applicable rules required factual assessment by the concerned oil companies, none of which were parties. The petitioner was free to submit her material to them; the Court left the merits open for lawful determination after hearing all necessary parties. (¶¶ 5, 6)
- The Ministry’s affidavit explained discontinuation of the launderable marker system from 2009, quality-control and enforcement measures, and intended pilot direct transfers. These were policy matters of which the Ministry was seized, and the Court did not keep the proceedings pending for further directions. (¶¶ 7, 8, 9, 10)
- The counter-affidavit raised political rivalry and prior similar litigation as grounds disputing the petition’s bona fides. The Court considered that defence could not be discarded, but disposed of the matter in light of its preceding conclusions without deciding the dealership allegations. (¶¶ 9, 10)
Result
Petition disposed of; petitioner may approach the concerned oil companies with material, with merits left open for determination according to law after hearing necessary parties. No CBI inquiry or mandatory subsidy-transfer scheme directed.