Dinakaran gets Sikkim HC rather than apex court; Replaced in Karnataka

Monday, 9 August 2010 By Neha Chauhan Bar, Bench & Litigation

Former Karnataka chief justice P D Dinakaran has finally been appointed the chief justice of the Sikkim High Court at Gangtok following his transfer to the north-eastern state amidst charges of corruption and pending impeachment proceedings in the Rajya Sabha.

He is expected to resume duties this week after being sworn in by the state governor Balmiki Prasad Singh today.

The decision of Justice Dinakaran’s appointment was taken by President Pratibha Patil in consultation with Chief Justice of India S H Kapadia.

Justice Dinakaran’s elevation to the SC had been revoked last year by a collegium of judges after senior jurists registered protests against him for possessing assets disproportionate to his known sources of income.

Thereafter an impeachment motion was brought against Dinakaran in the upper house and he was asked to proceed on leave this year in March. He was then transferred upon refusal to comply.

Replacement

Meanwhile, ex-chief justice of the Uttarakhand High Court Justice Jagdish Singh Khehar was appointed as chief justice of Karnataka High Court yesterday by former law minister and the state’s governor H R Bhardwaj.

Enrolled as an advocate in 1979, Justice Khehar was elevated to the bench in 1999 after being designated a senior advocate in 1995.

He served as the chief justice of Nainital High Court until November last year and became a member of an inquiry committee against Justice Dinakaran, whom he now succeeds.

P D Dinakaran

Comments

Anonymous guest 9 Aug 2010, 20:23

+0 -0

it has already been determined that dinakaran is unworthy to pronounce judgment on the kannadiga people, so why do the sikkimese people deserve [...] like him? the raison-d-etre of the judiciary is supposed to be the delivery of justice, or at least a genuine attempt to do so.

times like these i understand completely why the northeast wants to separate from india... this sort of stepmotherly treatment is shameful.

Anonymous guest 9 Aug 2010, 21:03

Completey agree with #1. This is not the first time that a tainted judge has been transferred to the North east. The dumbed-down Hindi-speaking, Bollywood-watching, consumerist Middle Class reacts furiously when Maoist tribals or North east militants dare to fight the Indian state (so-called "economic superpower")....Can you see now why the f**k are fighting against the Indian state?

Anonymous guest 9 Aug 2010, 21:16

it has been reported that DMK supported dinakaran and mayawati said that he is being targeted bcoz he is a dalit. this is the real reason he was let off the hook. in india you can get away with anything if u are from certain "backward" castes.

anyway, let us not focus on dinakaran only. what about other tainted judges and lawyers like rk anand, prabhu chawla's son etc? i guess the BCI has other things to worry about.

Anonymous guest 9 Aug 2010, 21:45

Sikkim is a good choice. Less land to grab there.

Anonymous guest 10 Aug 2010, 00:06

@3: He was also spared painful procedures to protect the interests of a large bunch of corrupt judges he threatened to expose should he be proceeded against... and this included Supreme Court judges too.

Anonymous guest 10 Aug 2010, 01:48

Sikkim is not a part of India. Had it been a part, then no [allegedly] corrupt judge would have been transferred there to take "charge."
To the Indian Government-stop the charade. Stop screwing over the middle and the lower classes in the name of progress and stop promoting corruption in judiciary. There is no example made of any high ranking corrupt official. The judiciary, politicians and the executive have turned our country into a nation without any morals. I remember the JMM case where the judiciary encouraged corruption in the house by declaring statements and actions made in the house had immunity. It is the turn of the government now to turn a blind eye to corruption in the judiciary.

Corruption, like a rampaging army of termites, has turned our country into the worst kind-looking good from the outside (we are supposedly a nation of laws) whereas in the inside it is all rotten.
Legally India and Kian- is it possible to collate all replies to this post and the post and send to all judges of the Supreme Court as a simple letter.

Anonymous guest 10 Aug 2010, 12:37

We need to request the SC to review its judgment.Either the Collegium take over the responsibility of removal,as well or constitute National and State Judicial Councils to take care of the entire justice delivery system.For NJC: CJI be assisted by nominee
of SC Jugdes;CJ's;Lok Sabha;Rajya Sabha;BCI;SC Bar and Law Minister. For SJC:CJ be assisted by nominee of HC Judges;-)J's;Assembly;Vidhan Parishad;SBC;HC Bar and Law Minister.In case SC fails,then Parliament may step in. We do need independant judiciary, but not unaccountable. Participatory judicial councils are working in many
democratic countries successfully.Why don't we have all the stakeholders, legislature, executive and judiciary, bar included in our great country? I have given the idea, please express with your views. SSSAHI

Anonymous guest 10 Aug 2010, 17:25

This is yet another blatant example of Indian Imperialism this is yet another again thrown Indias worst kept secret: That India state is bent upon spreading terror in the heart and mind of people of North East. The Indian establishment has been doing it to people of North East since 1947. If a man is unfit for Bangalore how can he be fit for Gangtok? In fact He should have been sent on a long vacation pending his enquiry. It is action like this that provides flames to the separatist in North Eastern States. The India State should re-think this actions. Are the people of North East States have any less right to Justice…………?For it appears that they are on a lower footing then those in Karnataka.

Anonymous guest 10 Aug 2010, 19:59

Its shame for SIKKIM

Anonymous guest 11 Aug 2010, 05:46

Shame on the Chief Justice who has brought great dishonour to the court he heads. Has he forgotten the cardinal principle of law - justice must not only be done, but SEEN to be done. Caesar's wife must be above reproach.

And why Sikkim...out of sight, so out of mind? The logic is baffling as is the sheer cynicism. The CJI has brought the legal profession into disrepute by this one act of his. He is a bloody disgrace.

It's high time the govt appoints a body to regulate the judges, since the judges have failed miserably in regulating themselves and displaying greater probity and integrity to the important offices they hold.

The lower judiciary is out and out corrupt, and in the HC and Supreme Court, except for an honourable few, all are rotten apples.

Totally disgusted by this episode.

Anonymous guest 11 Aug 2010, 18:41

isn't sikkim a part of India?? What has that that state done to deserve a CJI who can't be sent to the SC as he is too corrupt... how can it be ok to send him to sikkim as CJ when he can't be sent to SC or remain in Kar.

its unbelievable - how can different parameters apply to different states --- if he is not good enough for one -- then he can't be good enough for the other states as well... poor sikkim!

Anonymous guest 15 Aug 2010, 17:38

I am a lawyer who practices in a state of North East. This not the first time justice have been neglected...

Whatever doesn't work in other parts of the country are been departed over here. This is not the first time we felt left out.

In the eve of 63rd Independence Day of India I want to state that we are an Indian by our heart but we are very upset, depressed and angry how our country has neglected us and our rights over and over....

I personally wish I could upheld the horrifying picture of Indian Judiciary System and the State Bar Councils here in North East... And most importantly our country gives a damn about this...

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