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CURRENT ARTICLES OF V. SUNDARAM (JANUARY 2010 ONWARDS)

Tuesday, March 8, 2011

SONIA INFLICTED CVC NOMINEE P.J THOMAS CAST ASIDE BY THE SUPREME COURT

By V. SUNDARAM I.A.S





P.J. THOMAS BLESSED BY ONE AND ALL


Firangi Memsahib Sonia Gandhi’s defiantly clandestine attempt to plant a Catholic Christian officer P.J Thomas with questionable integrity as the Central Vigilance Commissioner failed miserably when a Three Member Bench of the Supreme Court of India presided over by the Honourable Chief Justice S. H. Kapadia declared the appointment of P.J Thomas as illegal and void in law in their Order passed on 3rd March 2011.

THIS IS THE FIRST TIME IN THE HISTORY OF INDEPENDENT INDIA THAT THE SUPREME COURT OF INDIA HAS DECLARED AS ILLEGAL, AN APPOINTMENT TO A CONSTITUTIONAL POST MADE BY THE GOVERNMENT OF INDIA AT THE HIGHEST LEVEL.

I am quoting below the last paragraph of the above mentioned Order issued by the Three Member Bench consisting of Hon’ble Chief Justice S. H. Kapadia, Hon’ble Justice K.S. Panicker Radhakrishnan and Hon’ble Justice Swatanter Kumar. (For details see the copy of the Order attached)
Conclusion
56. For the above reasons, it is declared that the recommendation dated 3rd September, 2010 of the High Powered Committee recommending the name of Shri P.J. Thomas as Central Vigilance Commissioner under the proviso to Section 4(1) of the 2003 Act is non-est in law and, consequently, the impugned appointment of Shri P.J. Thomas as Central Vigilance Commissioner is quashed.
57. The writ petitions are accordingly allowed with no order as to costs.
………..……………………….CJI
CJI (S. H. Kapadia)
J (K.S. Panicker Radhakrishnan)
J (Swatanter Kumar)
New Delhi;
March 3, 2011


The common people of India offer their fervent and reverential salutations to the the Supreme Court of India in general and the Chief Justice S.H Kapadia in particular for having taken deterrent action to restore the dignity and decorum to the Constitutional Post of the Central Vigilance Commissioner.

Even after the Supreme Court had issued an Order declaring the appointment of Central Vigilance Commissioner P.J Thomas as illegal, he did not send his letter of resignation to the President of India. If I have to believe newspaper reports, only after the Government of India had Officially Notified the vacancy in the post of the Central Vigilance Commissioner, did P.J Thomas feel obliged to send his Letter of Resignation and that too to the Prime Minister!

A Selection Committee consisting of the Prime Minister, the Union Home Minister and the Leader of the Opposition (Smt Sushma Swaraj) in the Lok Sabha considered the following three names put up by the Department of Personnel for appointment as Central Vigilance Commissioner at a meeting held on 3rd September 2010 at 7:30 PM at the Prime Minister’s Residence.
1.  Shri Bijoy Chatterjee, lAS (73 Batch West Bengal Cadre)
2.  Shri PJ Thomas lAS (73 Batch Kerala Cadre)
3.  Shri Subbaroyan Krishnan, lAS (retd 75 Batch Uttaranchal Cadre)

It is clear from the Minutes of the Meeting held on 3rd September 2010 that a decision to appoint Sri P.J Thomas was jointly taken by the Prime Minister Dr Manmohan Singh and the Union Home Minister P. Chidambaram unlawfully overruling the objection raised by the Leader of the Opposition Smt Sushma Swaraj. She had opposed the appointment of P.J Thomas on grounds of lack of integrity. (Please see all the backup papers including the Minutes of this Meeting and the dissenting file noting by Smt Sushma Swaraj.)

What is very shocking to note is that the Department of Personnel had deliberately avoided making any reference to the intimate connection of P.J Thomas to the Pamoline corruption case of the Civil Supplies Department of Kerala dating back to 1991. The fact that he was facing a criminal charge along with K. Karunakaran, the then Chief Minister of Kerala was also suppressed in the Note that was put up to the Selection Committee which considered and finalized the appointment of P.J Thomas as the Central Vigilance Commissioner.

As of date, Shri P.J. Thomas is Accused No. 8 in criminal case CC 6 of 2003 pending in the Court of Special Judge, Thiruvananthapuram with respect to the offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and under Section 120B of the Indian Penal Code (“IPC” for short) [hereinafter referred to as the “Palmolein case”].

Finally the High Powered Committee (referred to as the HPC by the Supreme Court in their Final Order on P.J Thomas) (referred to as the Selection Committee in my note above) has lost sight of another very vital factor. This can best be explained in the words of the Supreme Court in their Final Order of 3rd March 2011.

“The HPC must also take into consideration the question of INSTITUTIONAL COMPETENCY into account. If the selection adversely affects institutional competency and functioning then it shall be the duty of the HPC not to recommend such a candidate. Thus, the institutional integrity is the primary consideration which the HPC is required to consider while making recommendation under Section 4 for appointment of Central Vigilance Commissioner. In the present case, this vital aspect has not been taken into account by the HPC while recommending the name of Shri P.J. Thomas for appointment as Central Vigilance Commissioner. We do not wish to discount personal integrity of the candidate. What we are emphasizing is that institutional integrity of an institution like CVC has got to be kept in mind while recommending the name of the candidate. Whether the incumbent would or would not be able to function? Whether the working of the Institution would suffer? If so, would it not be the duty of the HPC not to recommend the person.”

Dr Manmohan Singh and Union Home Minister P. Chidambaram are only slavish tenants-at-will in the International Zamindari of the Firangi Memsahib Sonia Gandhi. These two men in bonded labour had no other option than to just put their seal of official approval on the specially chosen nominee of this fascist dictator from Italy. It is clear that both of them were unwilling to even look at the larger moral and Constitutional issue of institutional integrity of an institution like CVC” legitimately raised by the Hon’ble Chief Justice S. H. Kapadia, Hon’ble Justice K.S. Panicker Radhakrishnan and Hon’ble Justice Swatanter Kumar of the Supreme Court of India in their Final Order dated 3rd March 2011.

The UPA Government under the stranglehold of the MOST CORRUPT AND MOST VENAL Firangi Memsahib Sonia Gandhi has clearly demonstrated that it has contempt for the Constitutional instruments of the Indian State. We have a President with dubious antecedents. We had a Chief Justice of the Supreme Court of India Chief Injustice Balakrishnan with even more dubious antecedents. During his tenure of office, judicial corruption at all levels of the judiciary in India reached its peak. For all the services rendered by him to the Firangi Memsahib Sonia Gandhi, he has been decorated with the totally undeserved post of the Chairman, National Human Rights Commission. Earlier the special nominee of the Firangi Memsahib Sonia Gandhi was Navin Chavla who was indicted by the Shah Commission in 1977.

The Italian colonial Government of the Firangi Memsahib Sonia Gandhi admitted defeat in the Lok Sabha in the P.J Thomas case. Faced by an unrelenting opposition in the Parliament, the Prime Minister Manmohan Singh Monday accepted ‘full responsibility’ and admitted ‘an error of judgment’ in choosing scam-tainted P.J. Thomas as the head of India's anti-corruption watchdog.




ANNEXURE -1

PRIME MINISTER'S OFFICE
South Block,
New Delhi- 11010 I
Subject:       Appointment of Central Vigilance Commissioner
Reference is invited to DOPT's File No. 399/427/2010 - AVD-III regarding appointment of the Central Vigilance Commissioner.
2. The contents of the file have been taken note of. The note soliciting the approval of the President to the above recommendation has since been signed by the Prime Minister.

(V. Vidyavathi)
Director Tel. No. 23018485

Secretary, Department of Pesonnel & Training PMO
ID No. 600/31/C/8/1-ES.2
dated 9.9.10



ANNEXURE -2

PROCEEDINGS OF THE COMMITTEE FOR MAKING RECOMMENDATIONS FOR APPOINTMENT OF THE CENTRAL VIGILANCE COMMISSION IN THE CENTRAL 
VIGILANCE COMMISSION

The Committee under Section 4(1) of the CVC Act 2003, comprising wi Dr Manmohan Singh, Prime Minister, Shri P Chidambaram, Minister of Home Affairs, and Smt Sushma Swaraj, Leader of the Opposition in the Lok Sabha, met at 7 Race Course Road at 7.30 pm on September 3, 2010 to make recommendations for the appointment of the Central Vigilance Commissioner in the Central Vigilance Commission.
2. After due consideration, the majority of the Committee recommended the name of Shri P J Thomas lAS (KL/73) for appointment as the Central Vigilance Commissioner in the Central Vigilance Commission, with Smt. Sushma Swaraj recording her disagreement.

                                                                                                       
      







(Smt. Sushma Swaraj)        (P. Chidambaram)             (Dr. Manmohan)


Leader of the Opposition    Minister of Home Affairs    Prime Minister
in the Lok Sabha




ANNEXURE -3

Link to the Supreme Court Order in the P.J Thomas Case.


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