Legal Blog: Relief for Dinakaran as Supreme Court Stays Impeachment Proceedings

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Friday, April 29, 2011

Relief for Dinakaran as Supreme Court Stays Impeachment Proceedings

Source : Indlaw

In a major relief to Sikkim High Court Chief Justice P D Dinakaran, who is facing allegations of corruption, land grabbing and judicial misconduct, the Supreme Court today stayed the impeachment proceedings pending against him.

A bench comprising Justices H S Bedi and C K Prasad also issued notices to Vice-President and Rajya Sabha Chairman Hamid Ansari and senior advocate P P Rao, a member of the three-member inquiry committee asking them to explain why the notification appointing a three-member panel headed by sitting Supreme Court Judge Aftab Alam, should not be quashed. 

The apex court granted them two weeks time to respond to the allegation made in the petition filed by Justice Dinakaran.

The Supreme Court collegium, headed by the Chief Justice had recalled its earlier recommendation of elevation of Justice Dinakaran to the Supreme Court, following the media reports exposing corruption and land grabbing allegedly indulged in by him during his tenure as Chief Justice of Karnataka High Court. He was later shifted to Sikkim High Court. 

Senior Counsel Amarander Saran, appearing for Justice Dinakaran, contended before the court that Mr P P Rao was biased against him being a member of the lawyers' delegation that met the then Chief Justice K G Balakrishnan against his elevation to the Supreme Court. Therefore, a free and fair inquiry was not possible till the removal of Mr Rao from the panel. 

The third member of the panel is Karnataka High Court Chief Justice J S Khehar. 

A bench comprising Justices D K Jain and H L Dattu had yesterday recused from hearing the case.


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