New Delhi, Feb. 7: In a stand that could cause further embarrassment to the Centre, the CVC, Mr P.J. Thomas, on Monday in the Supreme Court, questioned the competence of the MPs facing serious criminal charges to legislate for the country whereas he faced a chargesheet in Kerala’s “politically motivated” palmolein import case.
Responding to the apex court’s queries whether the pendency of the chargesheet was enough to strike down the appointment of Mr Thomas, his counsel, Mr K.K. Venugopal, replied in the negative stating that there was nothing in the CVC Act to disqualify a person only because a case is pending against him.
The bench, headed by the CJI, S.H. Kapadia, asked if a public servant is convicted in a case and the government still thinks that he is a “suitable person” for the job, can’t the appointment be struck down by the court.
Mr Venugopal brought in the instance of MPs and MLAs, who are not disqualified even on conviction if the sentence was for less than two years.
“If the conviction is under SC/ST Act and the sentence is even for a day, then any public servant convicted is disqualified. But there are several other laws where a sentence up to one year or more and less than two years will not attract disqualification (for MPs and MLAs),” Mr Venugopal said, citing the relevant provision of the Representation of People Act.