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2000 Supreme(Gau) 30

J.N.SARMA
Har Kumar Das – Appellant
Versus
Bharat Petroleum Corporation Ltd. and others – Respondent


Advocates Appeared:
N. Dutta, U. Bhuyan, C. Baruah, P. J. Saikia

Judgement

The petitioner herein was convicted for murder. He has completed his sentence and has come out from the jail. His conduct in the jail was praisworthy and satisfactory.

2. Be that as it may, there was an advertisement issued by the respondents for distributorship/dealership of L.P.G. The petitioner wanted to apply for the same but there was a condition in Cl. 5 which reads as follows :

"5. Candidates convicted in any criminal case involving moral turpitude/economic offence and those against whom cases have been registered in the Court (other than freedom struggle) are not eligible to submit application)."

3. This clause has been introduced in a most casual manner, as it will be seen even if case is registered in a Court he is not eligible to submit application. If that is allowed some person out of grudge alone may file a case and get it registered in the Court. That will not make a person criminal. Further, whether a murder per se will come within the definition of moral turpitude or not that also doubtful. A murder may be for sudden provocation, if always may not be schemed/planned. Such a murder/crime will not come within the sweep of moral turpitude. The Supreme Court con










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