Accusing Sikkim high court Chief Justice PD Dinakaran of adopting delaying tactics, the Supreme Court today rejected his plea to invalidate the inquiry by a Rajya Sabha-appointed panel into his alleged corrupt practices and misconduct.
The Supreme Court on Tuesday slammed chief justice of Sikkim High Court PD Dinakaran for resorting to legal process to delay the probe into allegations of corruption and misconduct by him.
It lifted the stay on the proceeding of the Rajya Sabha-appointed inquiry panel, whose report will determine whether Dinakaran should be impeached from the high office.
The apex court, however, partially allowed Dinakaran’s plea against the setting up the panel and urged the Rajya Sabha chairman to drop lawyer PP Rao from it.
The three-member committee is headed by Supreme Court judge justice Aftab Alam. Dinakaran had objected to Rao’s inclusion in the committee as the “eminent jurist” had signed a memorandum against his elevation to the top court in 2009.
Dinakaran, who was chief justice of the Karnataka High Court in 2009, alleged bias against him. He had also sought quashing of the entire proceedings initiated on the recommendation of 50 Rajya Sabha members, claiming that the charges against him required investigation under the Judges Inquiry Act.
The bench of GS Singhvi and Chandramauli Kumar Prasad said Dinakaran was aware of Rao signing the memorandum and addressing a lawyers’ conclave to oppose his elevation to the SC when justice KG Balakrishnan was the CJI in 2009.
Later, when the notice was served on him and charges were framed, the judge moved the Supreme Court alleging bias.
“We hold that belated raising of objection against inclusion of respondent No.3 (Rao) in the Committee …appears to be a calculated move on the petitioner’s (Dinakaran’s) part’, judges held.
“He is an intelligent person and knows that …the presiding officer of the committee is required to forward the report to the chairman within a period of three months from the date the charges framed were served on him,’’ the court said.
“Therefore, he (Dinakaran) wants to adopt every possible tactic to delay the submission of report which may in all probability compel the committee to make a request to the chairman to extend the time...,’’ it added.
“This court or, for that reason, no court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry,” the bench held.
The inquiry proceedings against Dinakaran have progressed only to the stage of framing of charges. The panel is yet to record its findings on the charges and submit its report. “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,” the court observed.
Justice Dinakaran has defended him saying “I am born rich, thus I am not corrupt”.
The MPs had moved the motion in the Rajya Sabha alleging that Dinakaran possessed wealth disproportionate to the known sources of income, unlawfully securing five housing board plots in the name of his wife and two daughters, entering into benami transactions, and acquiring and possessing agricultural holdings beyond ceiling limit.
They also alleged that he abused his judicial office by passing dishonest judicial orders in matters where he had personal and direct pecuniary interest.
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