The SC set aside the September 3, 2010 recommendation for appointment of Thomas as CVC as ‘illegal’ since the high-powered committee did not consider the pending chargesheet in the palmolein import scam. The court said that the committee’s recommendation on appointment of Thomas “does not exist in law”. The committee, for whatsoever reason, failed to consider relevant material recommending action against Thomas, the court added.
SC bench headed by Chief Justice S. H. Kapadia gave its verdict on a petition by the Centre for Public Interest Litigation (CPIL) challenging Thomas’ appointment as CVC. The Apex court said institutional integrity and functioning were more important than personal integrity though both were related. It said it was incumbent upon the high powered committee to keep in mind the institutional integrity while making the recommendation of the CVC and it should be according to the law.
After the verdict Prime Minister Manmohan Singh said that he respected the Supreme Court verdict on the quashing of the appointment of PJ Thomas as central vigilance commissioner (CVC). “I respect the Supreme Court verdict,” he said when asked to comment on the apex Court judgement.A statement would be made on behalf of the government in both the Houses of parliament soon.
A high-power committee, headed by the prime minister, had cleared the appointment of Thomas, the then Union telecom secretary, to the Constitutional post.
The BJP, Left and the Janata Dal United (JDU) said the Supreme Court decision was a victory against corruption and called for Home Minister P Chidambaram’s resignation on moral grounds. The ruling Congress while defending the government said that the Law Minister has made the position of the government very clear and party will react only after going through the judgment.
BJP spokesman Ravi Shankar Prasad asked, prime minister to give an explanation to the nation over the Thomas appointment. “Will the Prime Minister own up the responsibility,” he asked.
“In the committee (which selected Thomas), Sushma Swaraj had clearly stated ‘don’t appoint him because a corruption case is pending against him.’ Yet, he was appointed,” he said.
Mr. Prasad pointed out that the CVC is monitoring the CBI probe into the spectrum issue and that Mr. Thomas was also a telecom secretary.