2G: Thomas is still CVC,but will not monitor probe

On Wednesday,a Bench of Justices G S Singhvi and Ashok Kumar Ganguly was told by the government’s counsel,Solicitor General (SG) Gopal Subramanium,that Thomas had volunteered to recuse himself from “completely dealing” with the 2G probe being conducted by the CBI.

He said this was in the “highest traditions of the Indian civil services”.

Subramanium told the Bench that Thomas had communicated he would not be part of the investigations into the 2G scandal. Subramanium said: “In accordance to the highest traditions of the Indian civil services,he (Thomas) will recuse himself from completely dealing with the investigations.”

Following this,the court recorded the SG’s submission and said: “The SG has submitted he has instructions that the present CVC has volunteered to recuse himself from the investigations of the 2G spectrum allocations on the basis of a case registered by the CBI on October 21,2009”.

The government also communicated to the court it has absolutely no objection to hand over the tapes containing the alleged conversations of corporate lobbyist Niira Radia so that the court can preserve these for investigation.

There were allegations from the Opposition yesterday that these tapes would also go missing like the many documents of the Adarsh housing scam.

The court observed: “The government shall have no objection to hand over the alleged conversations taped by the director general,investigations,of the Income Tax department of Niira Radia. Hence,we direct the original conversations,in all possible electronic forms,be put in a sealed cover made over to the court after preparing copies. The Registrar General of the court shall put these under lock and key and make them available as and when required.”

After the apex court’s stinger on CVC Thomas,the central government was under pressure to take a decision on him.

The court had pointed out: “CBI is functioning under the CVC. At that time,he (Thomas) was functioning as the Telecom Secretary. It would be difficult for him to objectively monitor.”

“He had justified the action which are now being subjected to scrutiny by this court and the CBI. It would be difficult for him to objectively supervise,” the Bench had observed.

Last week,the Supreme Court had raised questions about Thomas’ controversial appointment as CVC despite his name figuring as an ‘accused’ in a criminal case. His name figures in the chargesheet filed in a palmoleine export case.

The court had observed a chargesheeted official doesn’t qualify as an outstanding civil servant.

Taking the cue from the apex court,and sniffing that the government might make Thomas resign on his own,the BJP was adamant on Tuesday that Thomas should be sacked.

They were voluble in criticising the possibility that an “escape route” would be provided to Thomas.

Thomas was appointed CVC this September after spending a year in the DoT. Thomas’s role at the DoT came under heavy criticism for a variety of reasons.

One,he did not take any action against officials who allowed 85 firms to get licences even though they did not qualify (this was exposed by the CAG).

Two,Thomas did not levy penalties on firms which did not fulfill their roll-out obligations,or recommend that their licences be cancelled — the CAG had to do this.

Thomas also wrote to the CAG saying it had no locus standi when it came to examining what he called “policy issues” — that is,issuing of the licences at bargain-basement prices.

Meanwhile — in the midst of reports that he may quit — Thomas today maintained that he was still in the post.

“The government has appointed me as CVC. I am continuing as CVC,” he told reporters. The matter is subjudice. It is better not to comment. Whatever proceedings is in the court it is unfair for me to comment,” Thomas said when asked about the apex court observation about him and whether he was going to quit.

Asked whether he has offered to resign,Thomas said,”I am still continuing as CVC. If there is anything I will let you know.”

Thomas,whose appointment has been questioned by the Supreme Court for his alleged involvement in a palmoleine export case in Kerala,had met Union Home Minister P Chidambaram recently.

The former secretary in the Telecom Ministry,which is at the centre of the 2G spectrum storm,was appointed to the CVC’s post by a three-member panel headed by Prime Minister but not before the Leader of the Opposition in the Lok Sabha Sushma Swaraj,gave a dissenting note.

“I was appointed by the government taking into considerations all these (matters). There is no controversy. There is some old case in which Supreme Court stay is there. These are judicial matters which will be settled. Law will take its own course,” the CVC said.