SC evicts PJ Thomas as CVC, shames govt

NEW DELHI: The Manmohan Singh government, which is already reeling under multiple scams — from 2G to Commonwealth Games—was on Thursday dealt a body-blow when the Supreme Court struck down the Prime Minister and home minister P C Chidambaram's decision to appoint P J Thomas as central vigilance commissioner.

In one of the most significant judgments delivered by any Indian court in recallable memory, Chief Justice of India ( CJI) Sarosh Kapadia, while reading out the relevant portions of the 71-page ruling before a packed courtroom, faulted the high-powered selection committee (HPC) for not considering the pending chargesheet against Thomas in a corruption case related to the import of palm oil while he was food and civil supplies secretary in Kerala. Singh and Chidambaram had, on September 3, 2010, overruled Opposition leader Sushma Swaraj by a majority vote in favour of having Thomas as CVC.

In a stunning climax to a months-long legal and political drama, Justice Kapadia's booming voice rang out to declare that the HPC's selection of Thomas was "non-est in law ('non-est' is something that does not exist) and, consequently, the appointment of P J Thomas as chief vigilance commissioner is quashed."

A Bench comprising the CJI and Justices K S Radhakrishnan and Swatanter Kumar said if the selection of a candidate as CVC adversely affected the institutional competency and functioning of CVC, it was the duty of the committee not to recommend such a candidate. The court said Thomas' continuance as CVC would seriously dent the image and stature of the anti-corruption watchdog.