2G spectrum: P J Thomas is on safe land
"In accordance with the highest tradition, Thomas has offered to recuse himself from the matter," Solicitor General Gopal Subramanuium told.
On Tuesday, Nov 30, the apex court pointed out that, since the CBI functions under the overall supervision of the CVC and therefore, it would be difficult it would be difficult for Thomas to objectively monitor the investigations.
However, senior counsel K K Venugopal appearing for the CBI, submitted that there was a provision for allowing one of the Vigilance Commissioners to take over the functions of the CVC.
"Without looking into the file, we are concerned that if a person is an accused in a criminal case how will he function as CVC," stated by Chief Justice S H Kapadia
The apex court had screened the file for the appointment of Thomas as the chief vigilance commissioner, to verify whether he met the eligibility criterion of a "bureaucrat with an impeccable track record".
The PIL, argued by Prashant Bhushan, also alleged that the UPA Government had breached the precedent of unanimity between the Prime Minister, Home Minister and Leader of Opposition, followed in appointing the new CVC.