SC Reserves Verdict on Justice Dinakran's Petition

New Delhi
SC Reserves Verdict on Justice Dinakran's Petition
The Supreme Court today reserved its verdict on Sikkim High Court Chief Justice P D Dinakaran's petition challenging the impeachment proceedings against him for alleged corrupt practices and misconduct.

A bench of justices G S Singhvi and C K Prasad, which heard the matter for over four days, however, felt Justice Dinakaran's objection to the panel's effort to conduct a probe into the allegations might be unfounded as it could even act as a shield for a judge from fabricated material.

However, senior counsel Amarender Sharan and Basava Prabhu Patil, appearing for Justice Dinkaran, insisted the Rajya Sabha-appointed panel can neither conduct its own probe nor frame any additional charges as it is prohibited under Section 3 of the Judges Inquiry Act.

"How can you say that? Supposing someone fabricates documents and submits it to the Speaker or Chairman as the case may be. The members on the basis of the fabricated documents adopt the notice of motion. Should the committee not scrutinise the material?" the bench told Dinakaran's counsel.

"They are legally trained minds who can detect the fabricated material. In fact, it would offer protection to a judge also from baseless allegations," the bench said.

Rajya Sabha Chairman Hamid Ansari had in January 2010 constituted a three-member panel comprising Supreme Court judge Justice Aftab Alam, Karnataka High Court Chief Justice J S Khehar and senior advocate P P Rao to examine the 12 charges framed in the notice of motion adopted by the House.

Justice Dinakran had challenged the proceedings on the ground that the panel had framed additional charges and was also independently conducting investigations and collecting material against him which, according to the judge, was not permissible under law. He has also sought recusal of senior counsel P P Rao.

The charges against the judge include land grabbing, accumulation of unaccounted assets, passing judicial order for extraneous considerations, following which his elevation to the Supreme Court was also stalled.
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