Twitter
Advertisement

Dinakaran is not beyond reach of law, says Veerappa Moily

Karnataka high court chief justice refuses to go on leave despite supreme court collegium’s advice.

Latest News
article-main
FacebookTwitterWhatsappLinkedin

The tug-of-war between the Union law ministry and the controversial chief justice (CJ) of the Karnataka high court (HC), PD Dinakaran, has intensified after the latter’s refusal to heed the Supreme Court (SC) collegium’s advice to proceed on leave. Dinakaran, who is accused of land grabbing, is facing impeachment proceedings in Parliament.

Reacting to Dinakaran’s insistence on staying put, law minister M Veerappa Moily on Thursday said the Karanataka chief justice was not above the law. “The hand of law is long enough to catch anyone. I don’t think justice Dinakaran is above the law, or beyond the reach of the law.”

Dinakaran has not been performing judicial functions after Rajya Sabha chairman Hamid Ansari admitted a motion in December seeking his removal on charges of corruption, land-grab and abuse of judicial office. But reports from Bangalore suggest that he has been performing administrative work at his residence.
Last week, the collegium had asked Dinakaran to go on leave and sent a copy of its resolution to the ministry. Moily said the acting CJ of the Delhi high court, Madan Lokur, would be transferred to Karnataka to take charge as acting CJ.

The law minister, however, was not forthcoming on the government’s position in a situation where the collegium headed by the chief justice of India decides on the posting, transfer and elevation of judges.

According to a judgment of the apex court’s constitution bench in the 1990s, a judge placed in a situation like Dinakaran or former SC judge V Ramaswami, who also faced an impeachment probe, could not be directed to proceed on leave or denied judicial work.
However, former chief justice of India JS Verma has said that the government can invoke its constitutional power under article 223 to fill up the vacancy caused by a CJ going on leave with an acting CJ.

Sources said Dinakaran may be persuaded to accept the leave advice, and in case he does not, the collegium could consider posting him in the Sikkim HC.

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement