Thomas claimed that the previous judgment of the court was null and void as it was heard by a three judge bench. Now, Matthew demanded, "It is a matter affecting the basic structure of the constitution.The most crucial aspect of this case is to involve atleast five judges in this case."
The Supreme Court had proclaimed that the high-powered committee's recommendation on appointment of Thomas "does not exist in law". It also noted that the involvement of the Palmolein scam was not mentioned in Thomas' bio-data. It also recommended that the CVC necessarily does not need to be only civil servants.
Thomas' appointment was carried out by a high-powered committee that included the Prime Minister Manmohan Singh, Home Minister, P Chidambaram and Opposition leader Sushma Swaraj. Sources reported that Thomas' appointment was carried out despite Swaraj's cautions over Thomas' tainted role.
Thomas was in the center of controversy over his alleged involvement in the Palmolein scam that rocked Kerala during his tenure as State Secretary in the State Ministry of Food and Civil Supplies during early 90s.
Soon after the court's judgment on former CVC, his cousel Mathew had claimed, "We are studying the judgment. He will decide only after reading the judgment whether to resign or not."
So, now once again PJ Thomas is on the battlefield to determine his ultimate fate.