Thaindian News

New Delhi, July 5 (IANS) In a major setback for Sikkim High Court Chief Justice P.D. Dinakaran, the Supreme Court ruled Tuesday that the impeachment proceedings against him would continue. However, the court asked the chairman of the Judges Inquiry Committee (JIC), Justice Aftab Alam, to replace senior counsel P.P. Rao after Dinakaran alleged that Rao was biased against him.

The apex court bench of Justice G.S. Singhvi and Justice C.K. Prasad termed as “calculated” Justice Dinakaran’s plea challenging Rao’s inclusion in the JIC.

The three-member JIC, headed by Supreme Court judge Aftab Alam and which includes Karnataka High Court Chief Justice J.S. Khehar, is inquiring into charges of corruption, land grabbing, possessing disproportionate assets and misbehaviour against Dinakaran.

Chief Justice Dinakaran said that Rao was part of a delegation which met the then Chief Justice K.G. Balakrishnan to oppose his elevation as apex court judge.

He said that at another meeting of the Bar Association of India, Rao drafted a resolution opposing his elevation.

Justice Dinakaran was the chief justice of Karnataka High Court when his name was recommended for elevation to the apex court.

The apex court in its ruling Tuesday said Justice Dinakaran was aware of the presence of Rao on the panel right from Jan 15, 2010, but raised his objection only when charges were framed against him and he was served a notice.

Dismissing Justice Dinakaran’s petition, the court said: “In conclusion, we hold that belated raising of objection against inclusion of P.P. Rao…appears to be a calculated move on the petitioner’s (Justice Dinakaran) part.”

Justice Singhvi said: “He (Justice Dinakaran) is an intelligent person and knows that in term of Rule 9 (2)(c) of the Judges Inquiry Rules, 1969, the presiding officer of the committee is required to forward the report to the chairman (of the Rajya Sabha) within a period of three months from the date the charges framed…were served upon him (Justice Dinakaran).”

“However, keeping in view our findings on the issue of bias, we would request the chairman (Justice Aftab Alam) to nominate another distinguished jurist in place of P.P. Rao.”

The bench said that the JIC would proceed with its inquiry on the basis of the charges already framed by it.

The judgment said that the proceedings initiated against Justice Dinakaran have progressed only to the stage of framing of charges and the committee was yet to record its finding on the charges and submit the report.

“Therefore, nomination of another jurist will not hamper the proceedings of the committee and the reconstituted committee shall be entitled to proceed on the charges already framed against the petitioner (Justice Dinakaran).”

The judges said that “this court or, for that reason, no court can render assistance to the petitioner in a petition filed with the sole object of delaying the finalisation of the inquiry”.

Justice Dinakaran also contended that the JIC, constituted last January by Rajya Sabha Chairman M. Hamid Ansari, had exceeded its brief in the framing of the charges.

He said that the JIC framed charges which were beyond the charges contained in the notice of motion moved by 50 Rajya Sabha members in pursuance of his impeachment.