If 2010 dispelled doubts about the judiciary being its own master,the next year will see courts take a call on issues ranging from the wisdom in appointing P J Thomas as CVC to slapping of charges against Commonwealth Games officers to guiding the CBI probe in the 2G scam that includes deciding whether the right to privacy of Ratan Tata is a compelling argument against publication of the Radia tapes. The SC will also have to judge its own appeal against disclosure of its judges personal assets under the RTI. A preview,?i>
CVC PJ Thomas
2011 offers P J Thomas the opportunity to explain in writing to the Supreme Court his alleged roles in the palmolein import case and the 2G spectrum scam. If the SC bench led by the CJI is convinced that Thomas is indeed fit to continue as the CVC,it will be a feather in the cap for the UPA government. No trial court is likely to dare pressing charges against him in either of the two cases after that.
The scope of RTI
With the Delhi High Court ruling that the CJI office comes under RTI and advising that SC judges declare their personal assets,the apex court has appealed to itself for relief. It has to now cross a grey area on whether a judge can sit in judgment in his own case. The larger impact of the case is that once the CJI office is declared public,the shroud of secrecy that wraps the higher judiciary has to give way to transparency in judicial work,including appointments and declaration of personal assets of judges.
The Radia tapes
Though it was Ratan Tata who filed a petition in the SC complaining of the states complete failure to protect his privacy in the leak of the Niira Radia tapes,the focus next year will be on the revelations made in the joint affidavit filed by the Income-Tax Department and the Home and Finance Ministries,in response to it,on December 10. The affidavit says the entire phone surveillance on Radia the tapes of which will be used as evidence in the 2G spectrum case started with a complaint alleging she was a foreign agent who built up a business empire worth Rs 300 crore in just nine years. According to some,this could open a Pandoras Box,with the SC bound to take note of the affidavit.
On February 10,2011,the CBI is scheduled to file its first status report in the investigations into the 2G spectrum allocation scam in the SC. The year may see the apex court suggest further areas of investigation and the CBI file a chargesheet against the accused persons.
Black money
A PIL filed by senior advocate Ram Jethmalani and five others,including former Punjab DGP K P S Gill and former secretary general of Lok Sabha Subhash Kashyap,alleging that the government is not taking action to bring back black money stashed in foreign banks,is likely to gain prominence in the coming year. On December 10,the Supreme Court even said that it would consider making public a status report filed by the Enforcement Directorate about its investigations into the issue.
The CWG mess
The first half of the coming year is bound to witness the CBI file chargesheets and trials commence against the Games Organising Committee officials. So far,the CBI has registered three FIRs and searched the residences of OC Director-General V K Verma and Secretary-General Lalit Bhanot on November 30. While one case relates to a Rs 107-crore deal struck with a Swiss score-keeping firm,the two other FIRs deal with the contract given to AM Films for the Queens Baton Relay ceremonies in London.
Also arrested are former joint director-general of OC T S Darbari,ex-deputy director-general Sanjay Mohindroo and former treasurer Jeyachandran. OC Chairperson Suresh Kalmadis residences and offices in Delhi,Mumbai and Pune were raided.