Author: Krishnadas Rajagopal
Publication: The Indian Express
Date: December 11, 2010
URL: http://www.indianexpress.com/news/sc-gives-thomas-a-chance-to-explain/721281/0
The Supreme Court today sought a response from Central Vigilance Commissioner
(CVC) P J Thomas in a litigation seeking his removal from the post.
With a three-judge bench led by Chief Justice
of India S H Kapadia today issuing a notice to Thomas in person, he will now
submit detailed pleadings on the two allegations of corruption - the palmolein
import case and his alleged involvement as telecom secretary in the 2G spectrum
allocation case - threatening his continuation as CVC.
The Chief Justice's Bench decided to call
for Thomas's response after perusing his appointment file submitted to the
court by the government.
"We have gone through the files. We issue
notice," the Bench said, posting the case for final hearing on January
27, 2011.
The Bench had in the previous hearing given
Attorney General G E Vahanvati, who is representing the government, a fortnight's
time to argue on two questions: One, how will Thomas perform his duties with
a chargesheet pending against him? Two, whether "impeccable integrity"
is an eligibility criterion for appointment as CVC?
But today, the AG opted to make his submissions
when the court hears the case on merits on January 27. "I don't want
to say anything now," Vahanvati said. The government has been served
notice too.
The court is hearing two separate petitions
filed by NGO CPIL and a group of retired civil servants led by former chief
election commissioner J M Lyngdoh challenging the appointment of Thomas as
CVC, while specifically quoting his alleged roles in the palmolein import
and the 2G spectrum cases.
In his reply, Thomas will have to answer some
tough posers voiced in the Supreme Court, primarily the Chief Justice's "simple,
hypothetical question" whether he can function effectively as CVC with
the tag of an accused in a chargesheet hanging over him.
"We are only wondering whether he will
be able to function as CVC. He himself will be embarrassed," the bench,
including Justices K S Panicker Radhakrishnan and Swatanter Kumar, had asked
in a hearing last month.
The government, in turn, will have to explain
why they chose Thomas despite the dissent of the Leader of Opposition, Sushma
Swaraj. The Union, represented by Vahanvati, will have to defend in court
that Thomas indeed subscribes to the qualification of "impeccable integrity"
required of the CVC.
Both the Union and Thomas have been given
time till the next hearing to file their pleadings.
The Lyngdoh and CPIL litigations, which led
to today's court notice, affords Thomas a chance - that too in the Supreme
Court - to give his side of the version about his arraignment as the eighth
accused in the 10-year-old and still pending vigilance chargesheet in the
palmolein import case.
An opportunity, which he is still bereft of
even in the Court of Enquiry Commissioner and Special Judge (Vigilance) in
Thiruvananthapuram, where the trial is pending for about a decade.
Thomas was the Kerala Civil Supplies Secretary
in 1991-92 during the controversial import of 15,000 tonnes of palmolein from
Malayasia between October 1991 to April 1992. The deal allegedly lost the
State Exchequer Rs 2.80 crore, a CAG report had found.
Recently, questioned about his "objectivity"
as CVC to effectively monitor the ongoing CBI probe, Thomas had volunteered
in the Supreme Court to recuse himself from the investigation.
This was however done before a Bench led by
Justice G S Singhvi in a petition specifically dealing with the 2G spectrum
allocation. Thomas was not a party in that litigation in his individual capacity,
and so could not represent himself in the case.
But today's notice in the Lyngdoh petition
gives Thomas - who is this time a party in his individual capacity - the convenience
to explain his role as Telecom Secretary in the Raja ministry.
The Centre is likely to tell the Supreme Court
that due diligence was conducted at the highest level before it rejected Leader
of Opposition in Lok Sabha Sushma Swaraj's objection to Thomas being made
CVC.
The affidavit, which could be filed by an
officer of the Department of Personnel and Training (DoPT), will say that
the CVC had given clearance to Thomas in 2004 and 2007 before he was cleared
for appointment as Secretary to the Government of India.
Meanwhile, sources said efforts were on to
get Thomas to put in his papers on his own. While Thomas is worried that if
he resigns, he would lose the legal immunity enjoyed by him - as somebody
holding a Constitutional post - the government has decided to assure him on
that count.
"If need be, the Department of Personnel
and Training (DoPT) will reject the request for grant of sanction to prosecute
Thomas. There is no case against him. Even otherwise, we should have done
this before including his name in the panel for CVC," said the source.
The request for prosecution sanction in the palmolein case is pending with
the DoPT. (with Maneesh Chhibber)
