SC strikes down CVC PJ Thomas' appointment

Discussion in 'Politics & Society' started by Daredevil, Mar 3, 2011.

  1. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    SC strikes down CVC PJ Thomas' appointment


    New Delhi: The Supreme Court on Thursday struck down Central Vigilance Commissioner PJ Thomas' appointment dealing a major blow to the Congress-led United Progressive Alliance Government.


    A three-judge bench headed by the Chief Justice of India SH Kapadia delivered its verdict on a Public Interest Litigation (PIL) that sought Thomas' removal from the position of CVC on Thursday.


    The apex court observed that Thomas is a person who is tainted as he was an accused in the palmoline export scam in Kerala. The Supreme Court said that the high-powered comittee'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 observed.


    The PIL had claimed that Thomas was not a person of impeccable integrity.
    However, Thomas had defended himself even though he was chargesheeted in the palmoline export scam while serving as Kerala's secretary in the state's Ministry of Food and Civil Supplies.
     
  2.  
  3. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    Glad to see that we still have institutions which frown upon the corrupt and do the needful to root out the corrupt. A deadly blow to the corrupt UPA regime.
     
  4. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    It is unfortunate that the Congress themselves have called upon the problems of UPAII.

    With the mandate they had, they could have contributed much to the progress of the country.

    They have sadly squandered the goodwill away with avoidable suicidal instinct that surprisingly had seized them, Kapil Sibal's Custer's Last Stand notwithstanding.

    Poor MMS has become the scapegoat.
     
  5. mayfair

    mayfair Elite Member Elite Member

    Joined:
    Feb 26, 2010
    Messages:
    2,584
    Likes Received:
    1,760
    Location:
    India
    Well done supreme court. His appointment in a way reflected everything that's perverted with this edition of the UPA government. Power corrupts and absolute power corrupts absolutely. It seems that a lack of formidable opposition made them brazen enough to bulldoze their way across the nation.
     
  6. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    SC orders him to go, CVC Thomas obliges

    Chief Vigilance Commissioner P J Thomas resigned from his post on Thursday following the Supreme Court verdict which quashed the appointment of the former bureaucrat.

    Soon after the SC judgment was out, Union Law Minister M Veerappa Moily met Prime Manmohan Singh where he reportedly told that if Thomas didn't quit now, he will have to be dismissed.

    Meanwhile, the apex court noted that Thomas' appointment is 'illegal' and he must go. The SC also stated that the United Progressive Alliance government ignored the corruption taint on Thomas.

    However, the palmolein case was not mentioned in the SC ruling. Thomas is an accused in the case.
    The Supreme Court said that the high-powered 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, SC also noted.

    The apex court rejected the government's contention that vigilance clearance given by the CVC in 2008 was the basis for empanelment of Thomas as a candidate for the post of CVC.

    The committee and no government authority focussed on the larger issue of institutional integrity of the office of CVC while recommending the name of Thomas, SC noted.

    The apex court stated the touchstone for the appointment of the CVC is the institutional integrity as well as the personal integrity of the candidate.

    The SC said any future appointment should not be restricted to civil servants alone but people of impeccable integrity from other fields should also be considered.

    The apex court also rejected the contention of Thomas and the government that the appointment of the CVC cannot be brought under judicial review.

    It said legality of the recommendation can be brought under judicial review.

    Earlier, a bench of Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar had reserved its judgment on February 10. The public interest litigation filed by an NGO, Center for Public Interest Litigation, and retired bureaucrats and police officials, including former Chief Election Commissioner J M Lyngdoh, had challenged Thomas' appointment to the post in view of a pending criminal case against him in a Kerala court.

    Thomas was appointed CVC on September 7 last year.

    Thomas has contested the PIL contending that he was appointed to the post in view of the vigilance clearance given to him before his appointment as secretary in the Union government.

    Further, the embattled CVC had said the corruption case pending against him in the Kerala court was a result of political rivalry between former Chief Minister K Karunakaran and present Chief Minister V S Achuthanandan.

    The petitioners have contended Thomas cannot be considered as a person of "impeccable integrity" as a chargesheet was filed against him in palmolein import scam when he was a secretary in the Kerala ministry of food and civil supplies.

    He had secured bail from a local court. The petitioners have also alleged he was appointed despite strong objections from Leader of the Opposition in Lok Sabha Sushma Swaraj who was a member of the 3-member panel headed by Prime Minister Manmohan Singh. The other ember of the panel is Home Minister P Chidambaram.

    The petitioners also said he could not be appointed CVC on account of "conflict of interest" as till recently he was serving as telecom secretary and that there was the allegation that he was involved in an alleged "cover-up" of 2G spectrum scam.

    The Comptroller and Auditor General had in its report said the loss to the exchequer as a result of sale of spectrum licenses to certain companies at undervalued prices was to the tune of Rs.1.76 lakh crore.
     
  7. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    The ex CJI, Balakrishnan (?) who is alleged to be corrupt must also go and not hold the important post in the Human Rights Commission.

    It is time that justice is not counted in currency notes!
     
  8. thakur_ritesh

    thakur_ritesh Administrator Administrator

    Joined:
    Feb 19, 2009
    Messages:
    4,434
    Likes Received:
    1,719
    Location:
    Land of the GODS - "Dev Bhomi".
    from being singh is king to being singh is whatever(?) its been quite a journey, hope he can clear himself of all the muck in his remaining tenure andnot let all these things happen right under his eyes and with his consent and not in future tarnish the image and prestige associated with the PM's post or is he to be remembered as pvnr in times to come? make a sane choice Mr PM!
     
  9. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    PM MMS was no scapegoat he was a willing scapegoat. If he had any cojones he would either resign or cleanup his govt. by himself instead of court kicking this govt on its ass to boot out the corrupt people. Both 2G and CVC case is because of Supreme court activism a the behest of activist citizens.
     
  10. youngindian

    youngindian Senior Member Senior Member

    Joined:
    May 6, 2009
    Messages:
    1,360
    Likes Received:
    73
  11. sesha_maruthi27

    sesha_maruthi27 Senior Member Senior Member

    Joined:
    Aug 15, 2010
    Messages:
    3,884
    Likes Received:
    1,568
    Location:
    Hyderabad, Andhra Pradesh(INDIA)
    Atlast the highest court of the country does its job and shows it is the SUPREME COURT of INDIA.
     
  12. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    The Congress is obfuscating.

    There is more to it than what meets the eye.

    All appointments of the Govt above a certain rank requires intelligence and vigilance clearance.

    To say that the Govt is unaware of a vigilance clearance is either a total falsehood or such a gross error that is smacks and stinks of connivance and malafide!
     
  13. Oracle

    Oracle New Member

    Joined:
    Mar 31, 2010
    Messages:
    8,120
    Likes Received:
    1,541
    Location:
    Bangalore, India
    I guess it almost a year now, maybe more that scams has started to surface. I thought MMS is an honest guy. I pity him, he is shameless, equal to the scamsters themselves. Shame on us too for having him as the PM. Weakling!
     
  14. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    How Sushma opposed CVC's appointment


    As the nation questions the rationale behind the appointment of Chief Vigilance Commissioner P.J. Thomas after the Supreme Court on Thursday delivered verdict against him, Headlines Today came out with details of the conversation that took place between Prime Minister Manmohan Singh, Home Minister P. Chidambaram and Leader of the Opposition in the Lok Sabha Sushma Swaraj.

    Not only did Swaraj oppose Thomas name, she also argued against the government rushing thorough with his appointment on the evening of September 3, 2010 at the PM's residence at 7 Race Course Road.

    The trio are members of the high-powered committee that was empowered to select the CVC.
    Swaraj had pointed out that of while the three candidates had been shortlisted, Thomas had a case pending against him and therefore was not eligible for the job.

    At this stage, Chidambaram jumped to Thomas's defence saying that he had been cleared by the Vigilance Commission.

    Chidambaram reportedly asked Sushma: "How could he have become a (telecom) secretary if he had not been cleared by the Vigilance Commission."

    Sushma, however, stood her ground. The discussion went on for 45 minutes, with the home minister vigorously arguing in favour of Thomas.

    At one stage Sushma is reported to have asked both the PM and the home minister as to why the government was insisting on Thomas's candidature.

    Highly placed sources have told Headlines Today that Swaraj said that if the government did not budge on its decision to appoint Thomas, then she would have to put in a note of dissent.

    The Prime Minister, allegedly called in Prithviraj Chavan, the then MOS in the PMO, and asked him to prepare a note saying that Thomas had been selected and to also record the fact that the Leader of opposition disagreed with the decision. Sushma reportedly insisted on putting down her dissent in her own hand.
     
  15. amitkriit

    amitkriit Senior Member Senior Member

    Joined:
    Jul 17, 2009
    Messages:
    2,465
    Likes Received:
    1,923
    Location:
    La La Land
    Watch out guys, our "honest PM" Manmohan Singh is going to start crying against Judicial Activism once again.
     
  16. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    Rajdeep Sardesai of CNN-IBN tweets -

    "abhishek singhvi on cnn ibn: appointment of cvc was a 'legal error'. when will our netas learn to say, hey we screwed up!"

    Just saw the program on TV. I must say Abhishek Singhvi is one slimy bas**rd lying through his teeth.
     
  17. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    Why has this thread been closed?

    It is still an active issue.
     
  18. sob

    sob Moderator Moderator

    Joined:
    May 4, 2009
    Messages:
    6,359
    Likes Received:
    3,661
    Location:
    New Delhi
    There is no fig leaf for the Govt to hide behind after yesterdays judgement. There is no system error. Why did the ruling party act in such a cussed manner. Why did they drag their feet for months only to get a kick up their bums.

    There is more than meets the eye behind the appointment. Fingers are pointing to 10 Janpath.
     
  19. sob

    sob Moderator Moderator

    Joined:
    May 4, 2009
    Messages:
    6,359
    Likes Received:
    3,661
    Location:
    New Delhi
    The fun starts for MMS , Moily and Madam.

    PJ thomas has refused to resign and plans to go to court again. This is a season of PJs being played on the citizens of the country.

    PJ Thomas likely to challenge SC verdict

     
  20. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    More embarrassment for the Govt or is the Govt egging him on to open up avenues to mock the Supreme Court?
     
  21. Rage

    Rage DFI TEAM Stars and Ambassadors

    Joined:
    Feb 23, 2009
    Messages:
    5,408
    Likes Received:
    968
    Central Vigilance Commissioner P.J. Thomas is a P.J, himself. Take a bow, Mr. Thomas. And by that I mean, hang your head in shame.
     

Share This Page