SC rejects case against Dhumal

R Sedhuraman

New Delhi, April 29

The Supreme Court today refused to entertain an appeal by the state government seeking prosecution of former chief minister Prem Kumar Dhumal for alleged irregularities in allowing IPS officer AN Sharma to withdraw his resignation after being denied BJP ticket to contest the 2012 Assembly elections.

“It may be a grave administrative illegality, not a criminal act. The chances of conviction are just 10 per cent. Therefore, we are turning it down. We will examine better cases,” a Bench comprising Justices Ranjan Gogoi and PC Pant told senior advocate Harin Raval who argued for the state government. Attorney General Mukul Rohatgi appeared for Dhumal.

A Shimla court had issued notice to Dhumal, ex-Chief Secretary Ravi Dhingra, former Home Secretary PC Kapoor and AN Sharma after the state Anti-Corruption Bureau had filed a challan in the case.

While the then Governor, Urmila Singh, had said no sanction was needed to prosecute Dhumal, her successor Kalyan Singh has denied permission. Dhumal was the BJP chief minister from 2007-12.

The prosecution, however, filed the chargesheet against Dhumal, others and pleaded for their trial on the basis of Urmila Singh’s clarification that no permission was required.

It was alleged that AN Sharma had been allowed to withdraw his resignation after it had been accepted. This was done by allegedly backdating the plea for taking back the resignation.