The UPA - II Government, which is already reeling under multiple scams - from 2G to CWG, was delat a body blow when the Supreme Court (March 03, 2011) struck down the PM and Home Minister (P Chidambaram) decision to appoint P J THomas as Chief Vigilance Commissioner (CVC).
A Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar set aside his appointment acting on the writ petitions filed by the Centre for Public Interest Litigation, the former Chief Election Commissioner, J.M. Lyngdoh, and others. And within hours of the judgment, Mr. Thomas stepped down from the post.
Appointment of P J Thomas: He was appointed by PM and Home Min despite Opposition Leader (Sushma) drawing attention to a pending charge sheet against him. (CVC is to be selected by a 3-member panel with PM as Head and others being Union Home Minister and Opposition Leader of lok Sabha)
Charge sheet: P J Thomas was accused of causing Rs 2.32crore loss when as Kerala Food Secretary by allowing to import 15000 tonnes of palm oil at an allegedly inflated price.
Who put the case: The former CEC J M Lyngdoha nd some other PIL filed in SC seeking his appointment as illegal when a cas eis agianst him
Arguments in SC:
Govt: Thomas had impeccable integrity and even petitioner JM Lyndoh certified it
SC: Personal integrity in secondary to institutional integrity, especially when the institution is anti-corruption watchdog
Govt: Nothing other than Thomas's biodata was before high-powered committee, nothing else was necessary
SC: Non-consideration of pending chargesheet because it's not into in biodata is bad. It has to be an informed decision.
Thomas: The President too applied her mind on CVC's appointment. Hence SC can't look into it
SC: We looked into legality of appointment and found it bad in law.
A BIG BLOW TO MANMOHAN
SC saying P J Thomas appointment as CVC is illegeal is a big blow to PM Manmohan Singh. The judicail rebuff also dented Chidambaram's image as man who would doggedly deal with facts and think through things. But it Singh,as PM who has to carry the cross. Soon after the SC judgement, PM said he respects the court's verdict and accept it. Also said he will make statement in both the houses of Parliament.
In Feb month Press meet PM said as "coalition compulsion prevented to take action agianst his collegaue who done a scam". But for appointing CVC, what is compulsion???
The big Q arises now to every common man of india is "Whether to belive Manmohan Singh or not?"
Really the SC judges (only Supreme Court) are the only faith in 1.2 billion "democartic" country (isn't it shameless....)
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