The petitions was heard by a bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar. The two PIL's was filed by an NGO Centre for Public Interest Litigation and other by the former CEC-have contended that Thomas was considered for the crucial post despite objection from the Leader of the Opposition who was part of a high-power committee for the appointment of CVC.
Thomas has been charge sheeted in an earlier Palmolein scam when he was the Food and Civil Supplies secretary in Kerala. The case is under investigation. Also, his involvement in the recent 2G spectrum allocation is also under the spotlight. He was the telecom secretary when the scam broke out.
There has been widespread speculation of his chances to step down from the plum post and has not yielded to pressure and maintains his innocence. The SC has opined on the fact that how an accused officer could head a position of power and authority.
Meanwhile, Thomas got support from Shashi Tharoor where he defended PJ Thomas saying that he cannot be judged until proven guilty. The court has asked Thomas to reply in person to the allegations.