By IANS,
New Delhi : Sikkim High Court Chief Justice P.D. Dinakaran, facing an impeachment motion, Tuesday moved the Supreme Court seeking a stay on inquiry proceedings against him under the motion and removal of apex court counsel P.P.Rao from the inquiry committee.
A three-member committee consisting of the apex court’s Justice Aftab Alam, Karnataka High Court Chief Justice J.S.Khehar and P.P.Rao was set up by Rajya Sabha Chairman Hamid Ansari to inquire into allegation of misconduct and corruption by Justice Dinakaran.
Justice Dinakaran moved the apex court after he made a similar plea in his reply to the charge sheet issued to him by the committee. The committee had Sunday rejected his plea to remove Rao, noting this objection should have made when the panel was set up and not at a later stage.
Seeking Rao’s removal on the grounds that he was prejudiced against him (Dinakaran), being one of those who had pleaded with the then Chief Justice of India Justice K.G.Balakrishnan against his elevation to the apex court, Dinakaran said the decision of the inquiry committee to continue with Rao would be violative of the Article 14 of the Constitution that guarantee equality before the law.
“If there is reasonable likelihood of bias, it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done,” he said in his petition.
Justice Dinakaran, in his earlier communication to the inquiry committee in response to its charge sheet, had contended that the (inquiry) committee had gone beyond its jurisdiction by framing charges against him, which had nothing to do with the discharge of his judicial and administrative responsibilities.
He has contended that the framing of charges, which were personal to him and extended to his family, were in breach of the Articles 121 and 124 of the Constitution which dealt with the procedure of the appointment of apex court and high court judges and restrictions on parliament in discussing the conduct of the judge.
Article 121 says “no discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided”, while Article 124 deals with the appointment and removal of the apex court and the high court judges.
Justice Dinakaran faced charges of misconduct and corruption when he was the chief justice of Karnataka High Court and the apex court collegium recommended his name for elevation as judge of the Supreme Court.
It was alleged that he possessed wealth disproportionate to his known sources of income, encroached upon the land meant for Dalits and other weaker sections, and misused his position to manipulate the duty roster of judges to pave way for certain judicial decisions.