New Delhi:
His appointment was controversial right from the start - the BJP vehemently opposed PJ Thomas being made the Central Vigilance Commissioner (CVC).
Now, the Supreme Court has expressed its discomfort.
"We are concerned that if a person is an accused in a criminal case how will he function as CVC?" the court said.
The government has submitted in court the file on Thomas' appointment, which has been challenged by a Public Interest Litigation (PIL) that alleges Thomas is involved in two different controversies - the 2G scam and an oil-import case.
Till recently, Thomas was a secretary in the Telecom Ministry, currently at the epicentre of charges that the country lost 1.76 lakh crores because former minister A Raja and his bureaucrats undervalued 2G spectrum deliberately, and gave it at throwaway prices to companies they favoured.
Thomas has also been named an accused in a case that saw the Kerala government importing 15,000 tonnes of edible oil in 1992 from Malaysia - the rates paid were so high that the state lost close to two crores.
The judges, expressing their concern said, "How will he function in such a sensitive post? He's an accused in the palm oil import case. There's a chargesheet pending against him since 2000. You don't even promote someone when there's a chargesheet against them. There will be complaints before him, he won't be able to proceed. In every matter, he will be faced with an embarrassing situation."
But the government was determined to hold its own, and the Attorney General's remarks have stirred a controversy.
The Chief Justice of India asked, "Isn't impeccable integrity an eligibility criterion for such appointments? We want to settle this question once and for all."
Attorney General Goolam Essaji Vahanvati replied, "Integrity is a given...If impeccable integrity, becomes an eligibility criteria, then all judicial and constitutional appointments will be open to question."
The case against PJ Thomas
- In 1992, the Kerala government said there was a shortage of edible oil in the state, and imported 15,000 tonnes of palm oil from Malaysia for the public distribution service network.
- The government paid more than market rates, resulting in a loss of Rs 2.8 crores.
- Thomas was Food Secretary of the Kerala government at the time.
- He was later named an accused in the case, after a report by the Vigilance and Anti-corruption Bureau said he "played a pivotal role in the import of palm oil."
- The court hearing the case has not dismissed the charges against him. He was granted bail.