Plea for Dinakaran’s impeachment accepted (Lead)
December 17th, 2009 - 11:57 pm ICT by IANS ( Leave a comment )
New Delhi, Dec 17 (IANS) Rajya Sabha Chairman Hamid Ansari Thursday accepted a petition by 75 members to impeach Karnataka High Court Chief Justice P.D. Dinakaran for alleged land grab, official sources said.
“The chairman has accepted the petition. It will now be discussed in the house,” the source said.
The 75 members, led by the opposition Bharatiya Janata Party (BJP), submitted the petition to Hamid Ansari Monday.
This is the third attempt to seek impeachment of a sitting judge.
Last year on the recommendation of Chief Justice of India K.G. Balakrishnan, the Rajya Sabha had constituted a three-member panel to look into allegations of financial corruption against Calcutta High Court’s Justice Soumitra Sen. The CJI had recommended impeachment.
In the infamous failed impeachment motion in 1993 initiated for removal of Justice V. Ramaswami, a three-member committee of Justice P. Sawant, Justice D. Desai and jurist Chinappa Reddy conducted the probe and indicted the judge for corruption. However, when the matter was put to vote in the Lok Sabha, the Congress party abstained.
Thus, the impeachment motion failed because it did not have the support of the house majority.
The Supreme Court panel of five senior-most judges and the union government have decided not to elevate Justice Dinakaran to the apex court.
A petition seeking to launch impeachment proceeding needs to be signed, under the law, by at least 50 members of the Rajya Sabha or 100 members of the Lok Sabha. After securing the required signatures, the petition is to be submitted to the Rajya Sabha chairman or the Lok Sabha speaker, as the case may be.
Once the Rajya Sabha chairman/Lok Sabha speaker gets the signed petition, he/she is required to constitute a committee of three people - a sitting Supreme Court judge, a high court chief justice and a jurist - to inquire into the charges. The committee then submits its report to the house.
If the judge is found guilty and his removal is recommended, the matter is sent for voting to parliament where it has to be approved by a two-thirds majority of each house (present and voting) and an absolute majority of the total membership of each house.
Dinakaran faces allegations of acquiring land illegally in Tamil Nadu, where he was standing counsel of the government and later a judge of the high court.
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- Motion to impeach Justice Dinakaran gathers momentum - Dec 13, 2009
- Soumitra Sen accepts Lok Sabha's stand - Sep 06, 2011
- No impeachment motion against Justice Sen in Lok Sabha - Sep 05, 2011
- Lok Sabha drops impeachment motion against Sen - Sep 05, 2011
- 75 Rajya Sabha MPs seek impeachment of Dinakaran - Dec 14, 2009
- Dinakaran issue raises heat in Rajya Sabha - Dec 18, 2009
- Rajya Sabha votes to impeach Justice Soumitra Sen (Lead) - Aug 18, 2011
- Two Supreme Court judges withdraw from Dinakaran case (Lead) - Apr 28, 2011
- Supreme Court stays enquiry proceedings against Justice Dinakaran - Apr 29, 2011
- Lok Sabha likely to take up Justice Sen impeachment - Sep 03, 2011
- Justice Dinakaran seeks stay on inquiry, member's removal - Apr 26, 2011
- Patil forwards Sen's resignation for notification - Sep 03, 2011
- Rajya Sabha forms panel to probe charges against Dinakaran - Jan 16, 2010
Tags: apex court, calcutta high court, chief justice of india, cji, congress party, desai, dinakaran, financial corruption, hamid ansari, impeachment motion, impeachment proceeding, jurist, k g balakrishnan, Lok Sabha, member committee, member panel, rajya sabha, supreme court judge, third attempt, union government