Another accused, former chief minister K Karunakaran, died on December 23, which abates the case against him.
The stage is set for prosecution of chief vigilance commissioner (CVC) PJ Thomas in the decade-old palmolein oil scam of Kerala. He was then food and supplies secretary of the state.
Another accused, former chief minister K Karunakaran, died on December 23, which abates the case against him.
He had secured a stay on the trial but with his demise, the order stands vacated, paving the way for trial of the other accused, including Thomas.
A bench of justices Aftab Alam and RM Lodha said the trial against Karunakaran stood “abated”.
Karunakaran’s counsel Bina Madhavan informed the judges about the former chief minister’s death when the appeal filed by him came up for hearing.
“We are aware of the development,” the court said, “The sole appellant [Karunakaran] died on December 23, 2010. Consequently, the appeal stands abated and is dismissed.”
Legal experts said this order revives the trial against other accused and Thomas is no exception, even though he holds a high constitutional position.
A senior lawyer said no sanction was required to prosecute Thomas as he is no longer Kerala food and supplies secretary and the trial had been initiated after securing requisite sanctions from the appropriate authority.
Thomas’s new position has already been challenged before the apex court on several grounds, including that as an accused in a corruption case, he can’t be posted as chief of corruption watchdog central vigilance commission.
Moreover, he was telecom secretary when 2G spectrum allocations were made three years ago.
Leader of opposition Sushma Swaraj had objected to Thomas’s elevation to the position of CVC.
Even judges questioned the government how it could appoint such a person CVC.
Thomas has stoutly defended himself and maintains that he has done no wrong.
He has refused to step down despite having been slammed by the apex court.
Analysts said the UPA-backed Thomas may have no option but to leave as he has to face trial as an accused.
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