Judicial-Delay-Versus-the-Judicial-Activism

The Supreme Court striking down the appointment of Mr. PJ Thomas as the Central Vigilance Commissioner on account of criminal charges pending against him has not come a day too soon. Certainly, the Apex Court judgement in the CVC has delivered a body blow to the government. This comes at a time when the government is already reeling under a series of Scams and other related problems and trials and tribulations. For the Congress party, the discomfiture arising out of this will be very conspicuous and politically damaging. This would certainly provide the opposition parties a convenient political stick to isolate and beat Dr Singh. However, it would be appropriate to recall that the Palmolein import scam is a politically motivated case and 19 years old. Mr. Thomas is said to be a victim of the political cross-fire between the former Kerala CM Mr. K. Karunakaran and his political adversaries in the CPM-led LDF. This legal issue is yet to be settled even after lapse of several years. Ironically, the state exchequer was profited by Rs 8 Crore in a decision taken by the State Cabinet to import Palm Oil from Malaysia at a time when the whole of the country was reeling under severe shortage of cooking oil. The officials, who are now the accused in the case, were only party to the contract by virtue of their official position. Mr. Thomas is known to be one of the competent officials who proved his administrative acumen in several areas. The politically motivated case has, however, tarnished his image irreparably. This has also now cost him the coveted post of CVC. Now, the question arises as to who is responsible for the judicial delay in settling the legal issue? This alleged mala fide, which is yet to be established due to unpardonable judicial delays, has become the reason for the apex Court finding in the case of procedural irregularity in the appointment. The issue still remains a bone of contention and unsettled. Can a charge sheet merely drawn up and kept pending ad nauseum be a fortiori for denying the citizens what is otherwise due to them. As Mr. Thomas’s involvement in the Palmolein import scam still remains unresolved and the legal question unsettled, can he be deprived of the legitimate position due for him? It is also well known that while the honest bureaucrats get into hot water, their pliable cousins escape the long arm of law precisely for latter’s inactions. And, finally, what if Mr. Thomas is honourably acquitted in the notorious Palmolein import Case. Curiously, the CVC case will remain one of the rarest of rare cases both for the judicial delay and the judicial activism.