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Justice Paul Dinakaran - Not for Supreme Court

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The strange case against Justice P.D. Dinakaran

By churumuri

Justice P.D. Dinakaran, the chief justice of the Karnataka High Court, is in the middle of a blazing legal row.

The lead story of The Hindu reports that Justice Dinakaran, who is one of five judges recommended for elevation to the Supreme Court, was summoned by the chief justice of India, K.G. Balakrishnan, in connection with allegations made against him by members of the Bar of the Madras High Court of “disproportionate assets”.

Justice P.D. Dinakaran, who was sworn in in August 2008, has reportedly denied the charges, according to CNN-IBN.

Below is the full unabridged text of the memorandum sent to the CJI under the auspices of the Madras-based Forum for Judicial Accountability, which details serious charges of land grabbing, corruption, abuse of office and lack of probity against Justice P.D. Dinakaran.

churumuri.com has not independently verified the charges nor does it attest to the veracity of the charges or the lack thereof. The memorandum is published here in the public interest given the seriousness of the allegations, and because we believe the memorandum is now a public document, having been brought to the notice of the CJI by such legal luminaries as Ram Jethmalani,Fali S. Nariman and Shanti Bhushan.

Our objective is not to cause disrepute to the image of the honourable judge or of the judiciary. To quote from the memorandum:

“We are doing so only in the larger interests of the institution of the judiciary which is sacred and since the increasing reports against the judge have assumed alarming proportions.”

Coming as it does in the middle of a national debate on the disclosure of assets of judges, l’affaire P.D. Dinakaran assumes importance, not just in the way the apex court deals with it, but the manner in which the judiciary deals with the media which publishes details of the case.

At the same time, the timing raises disturbing questions. Why are the charges surfacing now against a Madras HC judge who is reputed to have disposed 72,795 cases? Is somebody out to get him? If Justice Dinakaran is unsuitable for the Supreme Court, is he suited to continue as the CJ of Karnataka High Court, or even as a Judge?

***

9th September, 2009

To
Hon’ble Mr.Justice K.G. Balakrishnan, The Chief Justice of India, Hon’ble Mr.Justice B.N. Agarwal, Hon’ble Mr. Justice S.H. Kapadia, Hon’ble Mr.Justice Tarun Chatterjee, Hon’ble Mr. Justice Altamas Kabir, Supreme Court of India, New Delhi.
Sirs,
Sub: Representation against Mr. JusticeP.D.Dinakaran, Chief Justice, Karnataka High Court, amassing of huge assets, corruption and serious irregularities.
As per newspaper reports (The Hindu, dated 28th August 2009) Mr Justice P.D. Dinakaran, presently Chief Justice of the Karnataka High Court, has been recommended by the collegium of the Supreme Court to be appointed as a Judge of the Supreme Court.
The said judge was a judge of the Madras High Court between 19.12.1996 to 06.08.2008. We, the members of the Bar of the Madras High Court are greatly perturbed by the news of his possible elevation to the Apex Court, in view of disturbing reports that are strong pointers to the abuse of office and lack of probity by Mr Justice P.D. Dinakaran.
We bring to your notice several aspects concerning the Judge including (1) huge rural land holdings, illegal appropriation of Government and public land amounting to land-grabbing, illegal constructions, ownership of urban properties, (2) certain inappropriate and startling judicial orders and (3) conduct raising issues of gross impropriety and lack of probity. We feel the materials given below call for a detailed investigation before taking up his case for appointment as a Judge of the highest Court.
***
The following are the issues of deep concern:
I. Amassing Wealth and Appropriation of Public Property
RURAL PROPERTY
It is common knowledge in the Bar at Madras that the Judge has acquired vast extents of lands, near his hometown of Arakkonam, Vellore district, and in Thiruvallur district, Tamil Nadu. The acquisition started before his appointment as a judge of the Madras High Court and is reported to have increased manifold during his tenure as a judge.
All these land holdings in the villages are beyond the ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as per which a family of five persons can possess not more than 15 standard acres of land.
However, more shocking is the unbecoming conduct of the judge in encroaching upon Government lands and public property meant for the villagers, amounting to land-grabbing and depriving the poor of their resources and livelihood.
1. LANDS IN KAVERIRAJAPURAM VILLAGE (440 Acres)

(a)   In the villages of Kaverirajapuram, Tiruttani taluk, Tiruvallur district; Anaipakkam, Arakkonam taluk, Vellore district; and Mulvoy, Arakknonam taluk, Vellore district, the extent of lands possessed by the judge is approximately 500 acres. Most of the property is in Kaverirajapuram, a village whose population predominantly consists of Dalits, Irulas (scheduled tribes) and most backward classes like Naidus, Boyars and others. The total extent of the village is about 1,700 acres.
Annexed to this petition are: (i) A map showing the details of land held and owned by the judge and his family members; and public and Government lands occupied by him, and (ii) Extracts from village ‘A’ register which provides the classification of land of the relevant survey numbers in the judge’s occupation, from reliable sources. The current ‘A’ register reflecting transfer ofpatta is not accessible. (iii) Photographs showing the naming of the village road leading to his lands which is in Tamil and reads as “Emperor of Justice P.D. Dinakaran Road, Kaverirajapuram” (translation in English) and the fencing of the land. (iv) Extracts of Revenue Standing Orders on Assignment of Land.
(b) In all, the judge is in possession of approximately 440 Acres in Kaverirajapuram village alone, almost one-fourth of the village.
Out of this 440 acres:
(i) 310.33 acres are ‘patta’ lands owned by the judge and his family (in his name, his wife Dr Vinodini’s name, his two daughters Amudha Porkodi and Amirthra Porkodi, one Cannan and another person; the latter two are reported to be his close relatives).
(ii) About 41.27 acres is public land classified as Government poramboke, eri (lake, stream) and other water bodies, pathway and tamarind grove.
(iii) About 88.33 acres are classified as Government ‘Anadhinam’ lands (which can be allotted only to landless poor as per board standing orders of the Tamil Nadu Government).
2. STARTLING MODUS OPERANDI
i) Reports are that the patta lands originally belonged to backward and most backward classes. The purchase of lands seems to have started before his appointment as a judge and continued thereafter.
ii) Patta lands have been bought in the name of the judge, his wife Dr Vinodini, his unmarried daughtersAmudha Porkodi and Amirtha Porkodi, one Cannanand another person, the latter two are reported to be close relatives. Daughter Amudha Porkodi got married recently on 15.12.2008.
iii) Vast extents of Government ‘poromboke’ lands, Government anadhinam lands, waterbodies like lakes, canals, streams, common village pathways and an ancient mud fortress abutting his patta lands were progressively encroached upon.
iv) The villagers were then prevented access to these common property resources. Nearly 600 families of Dalits and landless poor in the village are reported to have sought distribution of Government poramboke andanandhinam lands to them as per G.O.(Ms) No.241 dated 12.09.2006 issued by the State Government. They are yet to receive the assignment.
v) Immediately thereafter, these common /government lands were fenced in by the judge.
There is every possibility that after this representation, the fence around the encroached areas may be removed. But as on today, the fence exists around the Government lands and village common resources, and we write this after some of us personally inspected the fence and the relevant records and maps. The fact remains that the common village lands near the judge’s property are out of bounds for the villagers.
Enquiry reveals that the local police is used to prevent access to the area.
iv) The Government anadhinam lands are meant to be assigned only to landless poor for small holdings and personal cultivation as per standing orders of the board of revenue, Tamil Nadu Government.
v) The Government poramboke lands also are meant for common enjoyment of the villagers and cannot be occupied by any individual. Under a recent scheme of the State Government, they can be distributed to the landless poor.
vi) The water-bodies too are meant only for common enjoyment of the villagers.
vii) By erecting a fence the judge has deprived the local villagers access to common property resources of the village, on which many of them depend for their livelihood.
viii) The villagers are not able to have access to the water bodies and due to extensive use of water for the judge’s farm where there are huge fruit orchards and other cultivations, the water source for the village has got depleted. Large bore wells/ open wells are said to have been dug inside the farm.
ix) It is reported that the entire village administration and government machinery has been exploited to provide facilities and free labour for the judge’s property. It is reliably learnt that the judge is attempting to manipulate revenue records to obtain pattas for the public and government lands in his occupation.
x) It is an open secret in legal circles that the judicial officers and staff of the judiciary are often asked to supervise and facilitate the maintenance and upkeep of the farm.
xi) We have specific reports that anyone who seeks any information like survey numbers and extent regarding even the village common lands and Government lands is intimidated and not provided the information. Villagers are under mortal fear in this regard.
xii)   Even the village road that leads to the property has been named as ‘Neethi Arasar P.D. Dinakaran Saalai’’. (“Emperor of Justice, P.D. Dinakaran road” )
3. LANDS IN POOVALAI VILLAGE
The judge is also reported to possess more than 50 acres of lands with mango orchards in Poovalai Village, Gummidipoondi taluk, Vellore district, Tamil Nadu. He has been seen visiting the orchard periodically.
4. LAND VALUE
The market value of these properties are in the range of about 20-25 lakhs per acre. It appears that the land holding is of an extent of approximately 550 acres.
It needs to be ascertained whether the judge has filed returns before the tax authorities in respect of these properties. It also needs to be verified if these disclosures of these assets has been made, and updated, as per the 1997 resolution regarding the declaration of judge’s assets.
***
URBAN PROPERTY
i) On the plot bearing Door No.28, East Park Road(junction of Pulla Avenue and East Park street),Shenoy Nagar, Chennai – 600 030 allegedly owned by the judge, an office/commercial construction has been put up consisting of stilt plus 5 floors, making it a multi-storeyed building under the development control rules. Having regard to the dimensions of the plot, fire safety requirements, etc, under the development control rules, construction of such a multi-storeyed building is illegal. This is a newly constructed building and he was frequently observed at the site to check the construction.
ii) The judge has been observed a number of times to be supervising the construction of a building at J – 81, I Main Road, Anna Nagar East, Chennai – 600 102. His involvement in this immovable property and source of funding needs to be ascertained.
iii) In Arakkonam Town, the residential building ‘Anbagam’ (a residential building said to be owned by Mr Justice P.D. Dinakaran) was recently renovated. It reportedly encroaches on the main road by 10 feet.
***
II. INAPPROPRIATE JUDICIAL ORDERS IN CERTAIN CASES
1. JUDGMENT IN BINNY LTD.
Binny Ltd. was a BIFR company but subsequently came out of it. It had extremely valuable immovable properties situated in the heart of the City. These were directed to be auctioned by Justice Dinakaran at 35% of the guideline value. Approximately 1,260 grounds of land (about 70 acres) situated in Perambur was sold to SSI Ltd. for just Rs 66 crore. At that time, the guideline value was almost Rs 180 crore and the actual market value was even higher.
The promoters of SSI Ltd who had purchased the land from Binny Ltd were subsequently involved in extensive rigging of their shares. The assessments of these promoters were reopened under Sec 148, Income Tax Act, 1961. It is reported that the demand was to the tune of more than Rs 52 crore. Six writ petitions were filed challenging the reopening of the assessment under Sec 148. The writ petitions were heard by Justice P.D. Dinakaran. The judgment is reported in 279 ITR 679.
Justice P.D. Dinakaran falsely stated that a “concession” was made by the counsel for the Income Tax department. This was objected to by the counsel after receiving the copy of the order. Justice P.D. Dinakaran promised to expunge those sentences that referred to the alleged concession but this was not done. Last week, the writ appeals filed by the department against this order have been allowed by the division bench presided by Justice F.M. Ibrahim Kalifullah. The standing counsel for the Income Tax Department offered to file an affidavit stating that she never conceded and also referred to the oral representation to Justice P.D. Dinakaran. The division bench has allowed the six writ appeals by imposing costs of Rs.10,000 each.
1. On 18-03-2009, the The Times of India, Bangalore edition, carried the following report :
CJ leads speedy disposal of bail
BANGALORE:  In a special drive to prevent pendency of cases, the High Court on Tuesday disposed of numerous bail applications out of around 300 petitions in a record time. Each bail plea was dealt with in about 30 seconds. Chief Justice P.D. Dinakaran himself disposed of 46 cases in 20 minutes by granting bail (some conditional) in all of them.
The rapid fire sequence went something like this: What is the charge (section)? What stage is the trial? Completed or not? Chargesheet has been filed? Final report submitted. Bail granted. The cases were marginal and some pertain to charges of rape, theft, murder and dacoity including Vasanth Salian, accused in Chemmanur Jewellers dacoity case. The Chief Justice and five judges heard these cases between 4 and 4.45 p.m.”
The members of the Bangalore Bar state that while minor cases were allocated to the other Judges, the ones posted before Chief Justice P.D. Dinakaran included cases of persons charged with serious crimes under the Indian Penal Code and also those who had serious cases filed against them by the Enforcement Department. Bail was granted in all these cases. It is further stated that this was a one-time disposal drive. This matter needs to be investigated to ascertain the names of the accused and the gravity of the offences.
1. Another matter of concern raised by the Bangalore Bar pertains to cases of illegal mining filed against several influential persons. These were transferred from the Dharwad circuit bench which was hearing these matters to the Chief Justice’s bench.
1. Yet another matter related to the mining lobby which wanted to acquire 540 acres of forest land. The State Government had granted leases in respect of 380 acres of forest land. This was set aside by a single judge of the High Court who pointed out several illegalities on the part of the State Government including that some applicants had filed applications after the date of the opening of the tender. The writ appeal order passed by Chief Justice P.D. Dinakaran granted licenses to all the applicants and even increased the area allotted over and above what was granted by the Government. The issues pointed out by the single judge were not dealt with. This is a matter which has greatly agitated the Bangalore Bar.
III. Number Plate of Chief Justice P.D. Dinakaran’s Car – Contrary to Motor Vehicles Act
Chief Justice P.D.Dinakaran, known to misuse office to exhibit pomp and grandeur, had the number plate of his official car (KA-03-GA-5767) done up in red background with gold embossed letters. This is permitted under the motor vehicles rules only for the President of India and State Governors. Even the Prime Minister and the Chief Justice of India cannot use such a number plate. There were adverse news reports in leading newspapers on this issue (Mid-Day dated 29.06.2009).
***
Our Appeal
We are greatly saddened that we are forced to impugn the conduct of a holder of high judicial office; we are doing so only in the larger interests of the institution of the judiciary which is sacred and since the increasing reports against the judge have assumed alarming proportions.
Conscious of our responsibility not to lightly bring any judge to disrepute, we have exercised due diligence to verify the allegations to the best of the means available to us, including visits to some of the concerned properties. However as private citizens and members of the Bar we have severe limitations to call for information and to investigate these matters. In fact there are reports against Mr. Justice P.D. Dinakaran of irregular acquisition of properties elsewhere, permitting illegal appointments, favouritism and other improprieties in the discharge of judicial and administrative functions as a judge of the High Court. The information we have gathered so far is reliable and does not permit us to let it pass without calling for urgent attention and appropriate action by the Supreme Court and other Constitutional functionaries.
We also wish to convey the fear expressed by the villagers in Kaverirajapuram, all of whom are greatly apprehensive of the severe reprisals and consequences if they speak out. In fact, after speaking to them we ourselves are greatly anxious for their safety. It also is evident that the entire administrative machinery has been intimidated by the judge, as no official is willing to respond to any queries regarding the village properties, including innocuous questions like details about government lands.
The allegations set out above are strongly suggestive of abuse of office and corruption amounting to   grave judicial misconduct. As the matter involves the head of the State judiciary in Karnataka, it is one of immense gravity and calls for immediate investigation and action. When a judge’s reputation is clouded in such adverse reports, his elevation to the highest Court of our country portends grave consequences for the judiciary itself.
This case also exposes the shortcomings of the present procedure adopted for choosing judges for appointment to the higher judiciary and underscores the urgent need to put in place a judicial commission which will have a more democratic and transparent functioning to enable the choice of persons of impeccable integrity and calibre to dispense justice.
We, as responsible members of the Bar, duty bound to safeguard the independence of the Judiciary, feel impelled in these circumstances to request you
(i) not to appoint Mr.Justice P.D. Dinakaran as judge of the Supreme Court of India; and
(ii) initiate a thorough enquiry into all the allegations against Mr Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and take appropriate action thereafter.
We request you to act on our representation in public interest, as otherwise the confidence of the public in the majesty of law will be shaken.
Yours truly
R. Vaigai, Sriram Panchu, K.R. Tamizhmani, Anna Mathew, S.S. Vasudevan, Geetha Ramaseshan, Sudha Ramalingam, N.L. Rajah, D. Nagasaila, S. Devikarani, T. Mohan

***

Also read: Justice P.D. Dinakaran: The official bio-data

The Hindu: CJI summoned Justice P.D. Dinakaran to Delhi

CNN-IBN: Judge’s assets: Karnataka chief justice in trouble

The Tribune: Judge’s integrity in question

The Hindustan Times: Explain huge assets, CJI tells judge

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Karnataka's chief justice Dinakaran asked to go on leave

PTI

Saturday, April 3, 2010 10:51 IST

Karnataka high court chief justice PD Dinakaran, whose elevation to the Supreme Court was halted, has been asked by the apex court Collegium to go
on leave.

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Dinakaran must leave, say lawyers

BANGALORE: Voices demanding the ouster of Karnataka Chief Justice P D Dinankaran became a chorus on Thursday following Union Minister M Veerappa Moily’s statements on Justice Dinakaran in New Delhi that ‘nobody is above the law’.

Advocates’ Association Bangalore president K N Puttegowda said the CJ should proceed on a long leave and uphold the dignity and decorum of the judiciary.

Former Advocate General and senior Counsel B V Acharaya welcomed the statement of the law minister.

“Chief Justice should have gone on leave long ago. If Dinakaran defies the collegium’s decision, it shows disrespect towards the highest court in the county,” he said.

Guru · Guru

Dinakaran has to proceed on leave: Moily

Thursday, April 8, 2010,18:51 [IST]

According to sources, an Acting Chief Justice can be in place in Karnataka even when Justice Dinakaran goes on leave.

Speaking to reporters, Moily said, "The hand of law is quite long enough to catch anyone. I don't think Justice Dinarakan is above the law, or he is beyond the reach of the law."

Moily was responding to question when asked about the Government's view on Justice Dinakaran not proceeding on leave.

Dinakaran, who is flooded with the alleged charges of corruption and land encroachment, was asked to go on leave by the Collegium headed by Chief Justice of India KG Balakrishnan.

The Collegium has also cleared the name of the Acting Chief Justice of the Delhi High Court Justice Madan B Lokur to be appointed as the Acting Chief Justice of the Karnataka High Court.

According to sources, an Acting Chief Justice can be in place in Karnataka even when Justice Dinakaran goes on leave.

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Dinakaran not above law, will have to go: Moily

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Maneesh ChhibberTags : P D Dinakaran, M Veerappa Moily, Supreme Court,KarnatakaPosted: Friday , Apr 09, 2010 at 0026 hrsNew Delhi:

Law Minister M Veerappa Moily dropped clear hints that P D Dinakaran’s days as CJ were numbered.

i ...

Even as controversial Karnataka High Court Chief Justice P D Dinakaran continues to be evasive about whether he would proceed on leave as suggested by the Supreme Court collegium, Union Law and Justice Minister M Veerappa Moily on Thursday dropped clear hints that Dinakaran’s days as CJ were numbered.

Asked if his ministry intended to pursue the issue of appointment of Delhi HC Acting CJ Madan B Lokur as Acting CJ of Karnataka HC, as recommended by the collegium despite Dinakaran deciding to dig his heels in, Moily told The Indian Express, “We are processing Justice Lokur’s case (for appointment as Acting CJ or Karnataka). He will certainly go and assume charge as Acting CJ of Karnataka HC.”

Asked if Dinakaran, who is facing an impeachment motion moved by 76 members of the Rajya Sabha, will have to abide by the collegium’s advice, Moily replied in the affirmative, saying he was not above the law.

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Justice Dinakaran shifted to Sikkim High Court

NDTV Correspondent, Friday April 9, 2010, New Delhi

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Defiant Dinakaran transferred to Sikkim HC

Agencies

Posted on Apr 09, 2010 at 09:58 | Updated Apr 09, 2010 at 10:22

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New Delhi: The SC Collegium has transfered tainted Karnataka Chief Justice P D Dinakaran to the Sikkim High Court. Dinakaran was asked to go on leave by the collegium early this week. But the justice defied the collegium's advisory to go on leave.

Sources say he was asked to go on leave as judicial work of the Karnataka High Court has been hit since he was not performing judicial work.

The collegium has also cleared the name of the acting Chief Justice of the Delhi High Court Justice Madan B Lokur to be the next Chief Justice of the Karnataka High Court. Dinakaran was not performing judicial functions after Rajya Sabha admitted a motion seeking his removal on charges of corruption, land-grab. About 76 members of Rajya Sabha have represented for launching impeachment proceedings.

Justice Dinakaran was not discharging judicial functions since December last. However, he was continuing to discharge administrative functions as Chief Justice of Karnataka High Court.

A three-member committee headed by sitting Justice V S Sirpurkar of the apex court is already enquiring into the allegations of land grabbing. Following the allegations, elevation of Justice Dinakaran to the Supreme Court was put on hold.

The committee was appiointed by Rajya Sabha Chairman Hamid Ansari following representation made by its 76 members for impeachment of Justice Dinakaran.

Guru · Guru

P D Dinakaran Left With Hard Choice Follow Law Or Exit

Last Updated: 2010-04-09T11:56:19+05:30

In a strong reaction to Karnataka High Court Chief Justice P D Dinakaran’s adamant view not to proceed on leave as advised by the Supreme Court collegiums, government is in the verge to transfer him if necessary to bring him to book.

On to this admant behavior showed by Mr. Dinakaran agitated the anger of Union Law and Justice Minister M Veerappa Moily who clearly hinted that his day of regime is near to an end.

Reflecting on to this act of Dinakar, Moily mentioned, “We are processing Justice Lokur’s case (for appointment as Acting CJ or Karnataka). He will certainly go and assume charge as Acting CJ of Karnataka HC.”

It is by seventy six members of the Rajya Sabha he is facing an impeachment motion to which he should abide and cannot show that he is above law without following it mentioned Moily.

On this term Govt is planning to transfer him to another HC in observation to his defiance and in regarding to this former Chief Justice of India, J.S. Verma, mentioned government has the power to appoint an acting chief justice in case Dinakaran continues to remain adamant.

According to the impeachment proceedings by the Rajya Sabha after Dinakar pusues with his leave they will appoint Justice Madan B. Lokur as the acting chief justice, Justice Verma stated, “The Constitution provides for the appointment of an acting chief justice in a high court, in situations where the regular chief justice is unable to function.

Highlighting on the provisions of Article 223 in support of this new appointment of an acting Justice, the former CJI cited, “When the office of Chief Justice of a HC is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint.”

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‘Get acting CJ even if Dinakaran doesn’t leave’

Govt mulling transferring Justice Dinakaran to another HC

Government is mulling the transfer of Karnataka High Court Chief Justice P D Dinakaran to another high court in the wake of his defiance to not proceed on leave as advised by the Supreme Court collegium.

Nagendar Sharma, Hindustan Times

Email Author

Delhi, April 07, 2010

First Published: 23:49 IST(7/4/2010)

Last Updated: 01:13 IST(8/4/2010)

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Former Chief Justice of India, J.S. Verma, on Wednesday said the government had a right to appoint an acting chief justice of the Karnataka High Court even in case Justice P.D. Dinakaran refused to proceed on leave.

Justice Verma’s comments, nearly a week after the panel of seniormost judges of the country (Supreme Court collegium) advised the controversial Karnataka High Court Chief Justice to go on leave.

There has been no word from Justice Dinakaran, facing impeachment proceedings in the Rajya Sabha, on whether and by when would he go on leave, so that Justice Madan B. Lokur could take over as the acting chief justice.

“The Constitution provides for the appointment of an acting chief justice in a high court, in situations where the regular chief justice is unable to function,” said Justice Verma.

The former CJI cited provisions of Article 223 in support of his argument. The article states, “When the office of Chief Justice of a HC is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint.”

He said the article was applicable in the “present case” where Justice Dinakaran had not been sitting in the court since December last year, and last month the HC had quashed circulars issued by him on the administrative side. “He is unable to function,” said Justice Verma. Verma said it was now up to the collegium and the government how they wanted to proceed. The Law Ministry is awaiting word from Dinakaran. “The amicable course would be that Justice Dinakaran proceeds on leave,” a ministry official said.

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நீதிபதி பால் தினகரன் சிக்கிம் உயர் நீதிமன்றத்திற்கு மாற்றம்

April 9, 2010 by devapriyaji

விடுப்பில் செல்ல மறுத்த கர்நாடக உயர் நீதிமன்ற நீதிபதி தினகரனை, சிக்கிம் உயர் நீதிமன்றத்திற்கு இடம் மாற்றம் செய்துள்ளது உச்ச நீதிமன்றம்.

கர்நாடாக உயர் நீதிமன்ற நீதிபதியாக பணியாற்றிய தினகரன், உச்ச நீதிமன்ற நீதிபதியாக பதவி உயர்த்தப்பட்ட நிலையில், அவர் மீதான நில அபகரிப்பு புகார் விஸ்வரூபம் எடுத்ததையடுத்து அவரது நியமனம் நிறுத்தி வைக்கப்பட்டது.

இந்நிலையில், தினகரனை விடுப்பில் செல்லுமாறு கடந்த சில தினங்களுக்கு முன்னர் உச்ச நீதிமன்றம் உத்தரவிட்டது.ஆனால் அவர் விடுப்பில் செல்ல மறுத்துவிட்டார்.

இதன் காரணமாக தினகரனை சிக்கிம் உயர் நீதிமன்றத்திற்கு இடமாற்றம் செய்து உச்ச நீதிமன்றம் இன்று உத்தரவு பிறப்பித்தது.

உச்ச நீதிமன்ற தலைமை நீதிபதி கே.ஜி. பாலகிருஷ்ணன், நீதிபதிகள் கபாடியா மற்றும் தல்வீர் பண்டாரி ஆகியோரைக் கொண்ட நீதிபதிகள் குழு இந்தமுடிவை மேற்கொண்டது.

இந்த இடமாற்றத்திற்கான முடிவு, குடியரசுத் தலைவரது ஒப்புதலைப் பெறுவதற்காக மத்திய அரசுக்கு அனுப்பி வைக்கப்பட்டுள்ளது.

இதனிடையே கர்நாடக உயர் நீதிமன்ற நீதிபதியாக டெல்லி உயர் நீதிமன்ற நீதிபதி மதன் பி. லோகரை நியமித்து உச்ச நீதிமன்றம் உத்தரவு பிறப்பித்துள்ளது.

Posted in 1, தமி

Guru · Guru

Get acting CJ even if Dinakaran doesn’t leave’

you were reading

Govt mulling transferring Justice Dinakaran to another HC

Government is mulling the transfer of Karnataka High Court Chief Justice P D Dinakaran to another high court in the wake of his defiance to not proceed on leave as advised by the Supreme Court collegium.

Nagendar Sharma, Hindustan Times

Email Author

Delhi, April 07, 2010

First Published: 23:49 IST(7/4/2010)

Last Updated: 01:13 IST(8/4/2010)

Former Chief Justice of India, J.S. Verma, on Wednesday said the government had a right to appoint an acting chief justice of the Karnataka High Court even in case Justice P.D. Dinakaran refused to proceed on leave.

Justice Verma’s comments, nearly a week after the panel of seniormost judges of the country (Supreme Court collegium) advised the controversial Karnataka High Court Chief Justice to go on leave.

There has been no word from Justice Dinakaran, facing impeachment proceedings in the Rajya Sabha, on whether and by when would he go on leave, so that Justice Madan B. Lokur could take over as the acting chief justice.

“The Constitution provides for the appointment of an acting chief justice in a high court, in situations where the regular chief justice is unable to function,” said Justice Verma.

The former CJI cited provisions of Article 223 in support of his argument. The article states, “When the office of Chief Justice of a HC is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint.”

He said the article was applicable in the “present case” where Justice Dinakaran had not been sitting in the court since December last year, and last month the HC had quashed circulars issued by him on the administrative side. “He is unable to function,” said Justice Verma. Verma said it was now up to the collegium and the government how they wanted to proceed. The Law Ministry is awaiting word from Dinakaran. “The amicable course would be that Justice Dinakaran proceeds on leave,” a ministry official said.

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Don't dump Dinakaran on us: Sikkim lawyers

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Posted on Apr 10, 2010 at 12:27 | Updated Apr 10, 2010 at 12:36

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Gangtok, (Sikkim): In further embarrassment to the controversial Karnataka Chief Justice Dinakaran, the Sikkim Bar Association is protesting against his posting to their state.

They have appealed to the Supreme Court to reconsider its decision. The bar association has unanimously resolved to boycott the swearing-in ceremony as well. The proposal of shift Dinakaran is being sent for President's approval.

IN TROUBLE: There seems to be no end to Justice Dinakaran's woes.

The move to shift Dinakaran to the Sikkim High Court came after he refused to go on leave. Dinakaran was not performing judicial functions after the Rajya Sabha admitted a motion seeking his removal on charges of corruption and land-grabbing. However, on his part, Justice Dinakaran has repeatedly denied the allegations.

The Collegium has also cleared the name of the acting chief justice of the Delhi High Court Justice Madan B Lokur to be the next Chief Justice of the Karnataka High Court.

Don't dump Dinakaran on us, says the sikkim Bar Association after Justice Dinakaran's transfer to the Sikkim High Court. The lawyers say they can't expect justice from a tainted judge.

"He is facing this corruption charges. Though it is not proved, but he is a tainted judge. We can't expect any justice from the tainted judge. So we don't want to accept him," said Bhaskar Raj Pradhan, General Secretary, Sikim Bar Association.

"We had called a general body meeting. In the general body meeting, we have decided if our protest is not considered by the concerned authorities, in that case we will boycott swearing-in ceremony and will not appear before the justice."

Date: Apr 17, 2010

Justice Dinakaran was supposed to be Dalit.

You say he is christian- what is truth?

Guru · Guru

Dinakaran panel reconstituted

HT Correspondent, Hindustan Times

Email Author

New Delhi, May 25, 2010

First Published: 00:30 IST(25/5/2010)

Last Updated: 00:31 IST(25/5/2010)

Rajya Sabha chairman Hamid Ansari has reconstituted the panel probing allegations of corruption against the Karnataka High Court Chief Justice, PD Dinakaran.

The Uttarakhand High Court Chief Justice JS Khehar will replace former Bombay High Court Chief Justice AR Dave in the panel, since Dave has been promoted to the Supreme Court, according to a notification issued by Ansari’s office.

The three-member panel set-up by Ansari is headed by Justice VS Sirpurkar of the Supreme Court. The third member of the panel is veteran lawyer, PP Rao.

The change in the panel became necessary since Judges Inquiry Act, 1968, makes it clear that the probe panel will comprise a Supreme Court judge, a high court chief justice and an eminent jurist.

Ansari had formed the probe panel in January after admitting a motion seeking impeachment (removal) of Justice Dinakaran by 75 Rajya Sabha MPs in December last year.

The panel is yet to begin its probe five months after it was set-up, though it has informally met twice to work out the modalities for the inquiry.

Top jurists and judicial accountability activists are preparing to challenge the composition of the panel, on the ground that Justice Sirpurkar and Rao, both, were close to Justice Dinakaran and should have opted out of the probe.

Justice Dinakaran got into trouble following his name being recommended for promotion to the SC by a collegium in August 2009.

Top jurists, led by Fali S. Nariman, Ram Jethmalani and Shanti Bhushan objected to his name, citing allegations of corruption and land grabbing.

After three months of dilly-dallying, the government rejected the collegium’s suggestion, but failed to persuade the opposition from moving an impeachment motion against him
.

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Allow Justice Dinakaran to exercise judicial duties: Adv body

Wed, Jun 2 05:56 PM

Bangalore, Jun 2 (PTI) An association of advocates today staged a demonstration in front of the High Court demanding that Chief Justice P D Dinakaran be allowed to participate in judicial proceedings. In a memorandum faxed to Supreme Court Collegium headed by Chief Justice of India S H Kapadia, President of the Federation of Bar Associations K N Subba Reddy said, "it is unfortunate that Chief Justice of Karnataka is unable to participate in the judicial proceedings since six months.

"It has indeed created a vacuum in the office of Chief Justice. Such an event is unparallelled in the history of judiciary".

Justice Dinakaran is presently discharging only administrative functions. Impeachment proceedings against him over land grabbing and other charges are pending in the Rajya Sabha.

He said though a judge of West Bengal and another of Punjab and Haryana High court were facing serious allegations, they were still discharging their judicial duties. Reddy said till the order transfering Justice Dinakaran of Sikkim is given effect, "the present Chief Justice (who is discharging his duties on administrative side) may be allowed to participate in the judicial proceedings".

"We want a working Chief Justice," he said and urged the Collegium to resolve the issue immediately. Over a hundred advocates participated in the protest.

PTI BH RC.

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Minorities panel says justice Dinakaran victimized

The National Commission for Minorities (NCM) has said the uncertainty surrounding the fate of beleaguered Karnataka High Court Chief Justice PD Dinakaran amounts to victimization.

The national watchdog for protection of the rights of minorities has hinted the treatment given to Justice Dinakaran has angered the Christian community in Karnataka.

In a letter to law minister M Veerappa Moily, NCM vice-chairman HT Sangliana has said though no corruption charge has been proved against Dinakaran, he has been targeted just on the basis of media reports.

"The Justice Dinakaran case should be decided quickly; if he is found guilty of corruption charges, suspend or terminate him, but without any probe how can he be treated like this?" Sangliana said.

"A number of lawyers from Bangalore have met me and told me that the charges are false, but I told them it is for a probe to decide that. The question is how long will the process take, nobody knows," he said.

"The minorities, particularly Christians, are not satisfied at the turn of events," he said.

The NCM is the second organization to speak in favour of Justice Dinakaran, a Dalit Christian. The National Commission for Scheduled Castes chief, Buta Singh, had in October last year said the judge was being targeted as he is a Dalit.

Justice Dinakaran continues to be in the Karnataka HC, but he is not hearing any cases since December last year.

Guru · Guru

‘Justice Dinakaran no Dalit’

V Gangadharan

First Published : 27 Sep 2009 02:16:00 AM IST

CHENNAI: In a fresh twist to the controversy surrounding Justice Paul Diwakar Dinakaran, a collective of civil rights groups here has questioned his Dalit background, saying he ceased to be a member of the Scheduled Castes ever since he converted to Christianity.

Addressing mediapersons here, representatives of the organisations said the entire issue of elevation of Dinakaran is premised upon serious charges of corruption and those who try to rake up his caste background were unaware of what they are doing.

Going by the Constitution, the People’s Watch said, the judge was not an SC member, instead a Christian falling under the Backward Classes. The National Commission for the Scheduled Castes was “needlessly trying to jump into an issue, which basically stems from charges of corruption alone”, the NGO’s Executive Director Henri Tiphagne noted.

O Fernandes of the Human Rights Advocacy and Research Foundation and others representing Dalit forums said the issue was only about encroachment of public property, misuse of office, and “questionable” judicial orders in certain cases, besides violation of some provisions of the Motor Vehicles Act. “Most charges stand substantiated after our field visits.”

Justice Dinakaran has 527 acres of land in Kaverirajapuram village near Tiruttani. Of this, 230.19 acres come under government ‘poromboke’ and ‘adineenam’ category.

The locals used the lands for purposes like cattle grazing. Their misappropriation has affected the local poor, mainly Dalits and other backward people. “Let all charges be probed. If he is exonerated, then its fine,” Tiphagne said.

Asked how Dinakaran could continue as the Chief Justice of the Karnataka HC if the charges were true, he said, “Ideally he must not. But, we cannot ask everything at the same moment.” A detailed account of alleged misappropriation of wealth would be sent to the CJI and the collegium.

Guru · Guru

Justice P.D. Dinakaran

JUDICIARY: ASSETS

His Feudal Lordship?

In Justice Dinakaran’s village, the Dalits says he is a land-grabber

SUGATA SRINIVASARAJU , CHANDRANI BANERJEE

Property Allegedly Owned By Justice Dinakaran

Kaverirajapuram, Tiruvallur: 450 acres. This fences in government ‘poramboke’ land and land for the landless poor.
Tiruttani, Tiruvallur: 440 acres
Poovalai, Vellore: 50 acres of orchards
Modus operandi: The judge’s men fence off tracts of land and encroach upon it. When the judge was a lawyer he owned 90 acres. His land holdings went up after he became a judge in 1996.

***

A slow but definite polarisation on caste lines has begun in the legal fraternity and outside with regard to the Justice P.D. Dinakaran disproportionate assets case, now inextricably linked to his elevation as a judge of the Supreme Court. A number of voices—in both his native Tamil Nadu, where he was a judge of the Madras High Court for nearly 12 years, and in Karnataka, where he is the chief justice—have started forwarding the argument that an “upper caste” lobby is working overtime and unfairly slinging mud to prevent the elevation of a Dalit judge to the Supreme Court.

An Anna Nagar property Justice P.D. Dinakaran allegedly owns; fenced property in his village

However, at Kaverirajapuram village in Tiruttani taluka of Tiruvallur district, ground zero of the controversy and where Justice Dinakaran is said to possess close to 450 acres, the discussion is at an entirely different level. In this rain-fed village, just 60 km from Chennai, the controversy is being seen as not between Dalit and non-Dalit, but as between a landed Dalit and landless ones. People describe it as the case of a rich, empowered Dalit depriving poor, powerless members of his own community of designated common land. In fact, the one leading the charge against Justice Dinakaran here is V.M. Raman, a young Dalit and a native of Kaverirajapuram. The village has about 350 Dalit families and the rest of the population, nearly 2,000 members, either belong to the Irula tribe or other backward classes.

According to Raman, Justice Dinakaran began his land-purchasing spree in the village as a lawyer. “As an advocate he purchased close to 90 acres from one Daya around 1990-91, but his landholding went up dramatically after he became a judge in 1996. He now has close to 450 acres, including government land that has been progressively encroached upon over a period of time,” Raman alleges. Apparently the fenced lands of Justice Dinakaran in Kaverirajapuram include, besides his ‘patta’ (registered) land, government land or ‘poramboke’ land, under which category fall the village’s lakes, pathways, canals, streams, pastures and ‘anadhinam’ land meant for distribution only among the landless poor. Since the property is well-fenced and secured, villagers are denied access to these common properties. The fence is said to have come up in the last three years.

Raman also reels out some of the ‘patta’ numbers of the plots within the fenced area that he has accessed from the taluka office in Tiruttani: “Patta number 1372 is in the name of Justice Dinakaran; 1426 in the name of Amudam Garden, Dear Lands and Sujatha; 2345 in the name of his wife Dr Vinodini; 1427 in the name of Konan Garden; 1365 in the name of Paripoornam; 92 in the name of Krishnaveni; 990 in the name of Ashok....” Some of the names, he says, could well be benami.

A village road named for him

Jaganathan, a landless Dalit of the village, says, “Some years ago, when we were grazing in what is clearly poramboke land, Dinakaran’s people not only chased us out, but also filed a complaint against us in the Kanakamma Chattiram police station, accusing us of stealing mangoes from his orchards. They made us sit in front of small heaps of mangoes and took pictures. Six of us were booked in the case.”

Other villagers point out that, a couple of years ago, they vehemently protested against the denial of access to grazing land and at that point Justice Dinakaran’s people had pointed to nearly 30 acres that was available to them for the purpose. But since these 30 acres are surrounded by his ‘private’ lands, the villagers had no chance of getting anywhere close to it.

The villagers say the local administration, elected representatives and the panchayat members have never come to their rescue or argued in their favour. In fact, on September 22, Indrasenan, the son of panchayat president Jayammal, accompanied by a former panchayat president, Narasimhalu, reportedly went round the village threatening people with dire consequences for having participated in a protest organised in Tiruvallur town against Justice Dinakaran’s “land-grabbing”.

Raman says, “Justice Dinakaran should have proved himself the second Dr Ambedkar, but it is unfortunate that he is treating his own people badly. After taking up this issue, I fear for my life. I also fear that false cases will be foisted against me.” Raman, who runs an organisation for children called Tallam Charitable Trust, has been seeking a plot in the village for the trust since 2005. But while denying him land, 13 acres (survey nos. 369/1 and 369/2) in the same locality was allotted to a “fictitious company”—Konan Pvt Ltd, which Raman says belongs to the judge.

In such an atmosphere of fear and near absence of support, the All India Kisan Sabha has in the past week decided to take up the cause of Dalits and the landless poor in the village. The protest they had organised in Tiruvallur town on September 22 drew modest crowds. Tulsi Narayanan of the Kisan Sabha says, “We have been demanding that the government should take action against the judge and other land-grabbers. We learn that, besides the judge, there is a retired tehsildar and a retired superintendent of police who have grabbed government land in the area. The local police, revenue officials, electricity officials are all in favour of the judge. We have sent a memorandum to the chief minister of Tamil Nadu on September 9 and have personally met the chief secretary on September 11. We hope there will be some action.”

A Kisan Sabha protest in Chennai

Narayanan also made it clear that they were “not worried or concerned” about the Dalit identity of the judge. The Kisan Sabha has also done its homework, gathering survey numbers of government ‘poramboke’ land that has been encroached upon in the village with the exact number of acres against each of the survey numbers.

The members of the Forum for Judicial Accountability (FJA) in Chennai, who took the initiative to make a detailed representation on the disproportionate assets of Justice P.D. Dinakaran on September 9 to the SC collegium, refused to speak. But when enquiries were made about their antecedents in Chennai legal circles, it was revealed that the members of the forum were public interest lawyers appearing for the landless poor and Dalits for over a decade. “FJA members have always done credible work. In this case, they have done their job of raising questions. It is surprising that even after all this hullabaloo, Justice Dinakaran has not issued a single statement,” said a Madras High Court lawyer.

The next movement in the case will be after Chief Justice of India K.G. Balakrishnan returns from his Australia trip on September 26. The apex court collegium is expected to meet two days later. But lawyers don’t see any action being taken. Senior Supreme Court lawyer Rajeev Dhawan says, “There is no proper mechanism to investigate a judge of the higher courts. The judges only fear the collegiums that may block their elevation. Other than the collegiums, they do not care about anything.” Justice Dinakaran has also been summoned by the CJI to present his side of the case.

By Sugata Srinivasaraju in Tiruttani (TN) with Chandrani Banerjee

Guru · Guru

Dalit MPs oppose Dinakaran impeachment

Zeenews Bureau

New Delhi: A section of Dalit MPs belonging to the Congress party have decided to oppose the impeachment motion moved against Karnataka High Court Chief Justice PD Dinakaran, who is facing allegations of misappropriation of assets.

Alleging ‘caste bias’ as the reason behind the move, the Congress MPs are planning to mobilise Dalit MPs belonging to other parties to oppose the motion in Parliament.

The MPs have also sought an audience with party president Sonia Gandhi on this issue.

Praveen Rashtrapal, along with another Congress MP JD Seelam, had raised the Dinakaran issue in the Rajya Sabha on Friday, to which Opposition benches registered strong protests.

Rajya Sabha Chairman Hamid Ansari had earlier this week admitted the impeachment notice given by 75 members against Justice Dinakaran over land-grabbing allegations.

Guru · Guru

Now dalit card being played in the Dinakaran case

Politics over Justice Dinakaran impeachment doesn't seem to die out.Congress says that that there will be no impeachment in a hurry.Mayawati has stepped in to play the dalit card stealing the show from theCongress.

CJ: inayatdhanda

Tue, Dec 22, 2009 11:54:54 IST

POLITICS OVER Dinakaran impeachment doesn’t seem to die out. Mayawati has stepped in to play the dalit card stealing the show from the Congress.

The Congress says that that there will be no impeachment in a hurry. According to some government sources, the forum comprising dalit MPs have raised valid concerns and that these concerns need to be paid attention at first. The dalit forum comprising as many as 97 MPs would be meeting the Prime Minister and Vice President Hamid Ansari.

On Saturday (December 19), Mayawati wrote a letter to the Prime Minister saying Dinakaran should be given a chance to defend himself. This came after some Congressdalit MPs decided to oppose the Karnataka chief justices ouster. She has asked the Prime Minister to give Dinakaran a chance to defend himself in the corruption cases against him.

There are a number of charges against the judge including a disproportionate assets case. He is also charged with amassing 440 acres of land worth 110 crore rupees in Thiruvalluvar district in Tamil Nadu, part of which was government land.
The most recent allegation was that he ruled in favour of his friends in land dispute case.

We know that Article 124 of the Constitution governs the removal of a Supreme Court or High Court judge. A judge can only be removed on grounds of proven misbehaviour or incapacity.
Impeachment proceedings can be initiated in either House of parliament and must be passed in both Houses by a two-third majority of all members present and voting.

The impeachment motion must be presented to the President in the same session. It is only when the President gives her a nod and passes an order that the judge can remove from office.
According to the Judicial Enquiry Act of 1968, the chairman of the Rajya Sabha must constitute a committee to probe the charges against Dinakaran. The three member committee of eminent judges must examine the evidence against Dinakaran and then frame charges.

The law says Dinakaran will have the chance to defend himself. If the committee is convinced that the charges against him still stand, it presents its recommendation to the house. The house then takes the committee's report into consideration while voting on the motion.

Prashant Bhushan, senior advocate of Supreme Court is of the opinion, that Justice Dinakaran will be given a chance by the enquiry committee to defend himself.

Guru · Guru

No Longer At Ease From Dinakaran To Koda

By Bobby Kunhu

15 April, 2010
Countercurrents.org

Let me set out with the caveat that I do find corruption abhorrent, but what I am trying to do in this essay is question the paradigm in which the discourse on corruption is framed. This definitely is not a defence or indictment of the people mentioned here - I believe that the procedure established by law should take care of it.

Some time back at a party that was also a meeting, I was incensed with a friend justifying a leading celebrity civil society careerist's exit as the head of a prominent International non-governmental organisation in India as owing to " conflict of interest" In other words, this person from a privileged socio-economic background had transferred funds to organisations where he had stakes - directly or indirectly - some of us - not so sophisticated call it benaami, but others largely seem to have a preference for "conflict of interest"

It took me more than a month to balance what I was writing about judicial corruption in India. I re-wrote more than half a dozen times. I set out writing the article in the context of the activism against Justice Dinakaran's elevation to the Supreme Court on grounds of alleged land-grabbing. What got my goat in the process was a marginal media story when an historical moment was captured by a state agency like the National SC Commission - it set out looking at whether Justice Dinakaran was being castigated for his Delit identity. What was ironical was the way "progressive" friends including those that have been pioneers of the Dalit movement instead of grabbing the opportunity to nuance this discussion - taking a hard look at how only people from certain identity categories get persecuted for corruption generally, distanced themselves from the discourse. What was also shocking was a statement that Justice Dinakaran was not a Dalit anymore because of his conversion to Christianity. All of this is in the realm of media gossip available for all of us consumers of mainstream media.

I have been disturbed and suspicious about efforts like Transparency International for almost one and half decades now - more so after I read the second novel in Chinua Achebe's African Trilogy - No Longer at Ease. It is the story of a first generation Igbo youth who gets into the Colonial civil service in Nigeria - the conflicts that he passes through as a price for the cultural transition that is forced upon him - and finally he ends up taking a bribe - as a sort of a cultural resolution of a first generation encounter with an "alien" culture that is at the same time restricting and empowering. A single novel that changed the way I look at corruption some thirteen years back. Why I find it necessary to share some of my perceptions here.

One of the narratives that has been universally inherited from the colonial legacy is the notion that third world countries are generally inept at administration and more importantly. This is precisely where the methodologies adopted for corruption evaluation through processes such as Transparency International need to be examined with suspicion. If, for instance, we take the United States or Qatar as examples. The former ranks 19th with a score of 7.5 and the latter 22nd with 7.0. India interestingly has the 84th place amongst 180 countries with a low score of 3.4. I can intuitively vouch that at least in its twentieth century history there has never been a serious contestant for the US Presidency who has not accessed corporate money. Barack Obama's success lies not in so much having subverted the system or being clean of vested corporate interests - but on the contrary, in subverting the racial stereotypes surrounding the system.

Some interesting insights do emerge when corruption in India is seen within this frame. From Bangaru Laxman to Koda, most of the people who have had to receive some form of social, legal or political sanctions for corruption related misdemeanours come from certain marginalised identity groups. A clear case of shining India with dreams of super-powerdom in its eyes - appropriating the colonial paradigm and turning its gaze inwards towards Dalits and Adivasis mainly. It is fairly commonplace in public offices including academic spaces to hear statements that point to the ineptitude and corruption of people who manage to get in through reservations!

"A journalist friend was sharing a rumour about Shibu Soren the other day, about how he deposited the entire two crore Rupees that he received as bribe for saving the P.V Narasimha Rao regime in his personal bank account. It really is not surprising that there are no such jokes floating around about Rao. In fact Rao has acquired iconic status in Indian democratic lore. The reason that Muslims do not figure so prominently within the discourse on corruption has to do with their gross under-representation in public life and moreover, vast majority of Muslim faces in public life happen to be Ashraafs. The same logic can be applied to other minority religious identities like the Sikhs or Christians."

As far as I know almost all Indians pay a bribe at some point of time or the other. Many do it to out of compulsion ranging from trying to access public health services to getting a PDS/ration/BPL card. While others, including me, do it for reasons ranging from getting a railway ticket confirmed to saving the government of the day. It is therefore rather amusing to see the righteous indignation amongst the latter - exempting themselves from the scanner that establishes the causes of corruption.

It is not my case that all those who do get persecuted or prosecuted for corruption are deserving of our empathy like Obi Okonkwo, the protagonist of No Longer at Ease. - but it definitely is my case that the discourse on corruption in India is built on a hegemonic premise of caste as it is built on other hegemonic premises elsewhere!!

Guru · Guru

nterested?

Justice Dinakaran - A Dalit being targeted ?

posted by Nagaraj MYSORE RAGHUPATHI on 20 December 2009 4:31

S.O.S- e - ClarionOf Dalit - WeeklyNewspaperOn Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R… VOL.3 issue. 52… 30 / 12 / 2009

Editorial : JUSTICE DINAKARAN – Dalit being targeted ?

Justice Dinakaran chief justice of Karnataka high court , is persecuted as he happens to be a DALIT ?

In india , till 1947 public life in the society was guided by four varnashrama system or Manu’s caste system. Birth is accidental not out of choice , just for being born in a particular caste the human beings were treated worse than animals. This caste system was designed & enforced by the village farming community (Gowdas , Thakurs , Reddys , different names are used to indicate those belonging to farming community in different states of india ) , Trading community and most importantly Brahmin community. Brahmin provided the ideological reasoning for this inhuman ,barbaric act of DALIT OPPRESSION citing various religious texts . The physical enforcement of this oppressive act was done by those belonging to the farming community with their muscle power.Both the farming community & Trading community had complete control over the local economy and forced dalits economically too to slave it out for unjust labor charges at the farms of those same oppressors.

After independence of india , little has changed. The government has banned the practice of untouchability , provided various welfare measures for the upliftment of dalits through legislations. Now , the Brahmin community which was providing ideological base for “UNTOUCHABILITY” has been isolated and are at disincentive for getting seats in government colleges , scholarships , for getting government jobs , etc. Brahmins are paying the price for the past wrongdoings of their forefathers. This has been achieved by the government easily as the Brahmin community lacks numerical strength & muscle power.

What about the farming community & trading community ? both the communities havegot numerical strength , muscle power& are the deciding electorate in the formation of governments. Previously those belonging to these two communities were village heads , ruled the villages & controlled local economy. Now the same community people are MLAs , MPs , Cabinet Ministers and are continuing with their practice at the subtle level. These two communities didn’t pay any price for their past wrong doingsfor practice of untouchability. They are also enjoying various reservation benefits , welfare measures , incentives from the government . Still they have not changed their mindset & are practicing discrimination against dalits at the subtle level – for them Dalits are just a vote bank . who will punish them ?

Even thesociety , media which reflects the majority view , reflects the discriminatory attitude at the subtle level. For all the terrorist crimes usually muslim community is targeted , does that mean whole of muslim community are terrorists in the view of government & majority community ? whenever a tribal person, a dalit struggles for hissurvival , existence – he is branded as a naxalite ?

when the persons belonging to majority community are involved plotting , execution of major , more heinous terrorist acts , he is let off freely , even media does not report , howeverif a muslim community personis caught he is slapped with TADA , POTA Charges , media gives much hype to it. When the terror master minds in government of india seeded , supported , financedTamil Terrorists in srilanka , Bangla terrorists in East Bengal (now Bangladesh) – who killed lakhs of innocent srilankans & Bangladeshis , nobody not even media questioned it. See how film actor sanjay dutt got a favorable treatment from government , police & judiciary , media as he belonged to a forward caste & from an influential family although he stored the arms , ammunitions meant for Bombay bomb blasts .Nobody not even the media questions the attendance of film actors , politicians at the parties hosted by under world dons , terror master minds in gulf & south asian countries.

Still in india , practice of untouchability is there at the subtle level. The sad part is that few dalits who got education , job , economic benefits just due to the government legislation , who are now standing firm , capable , got respectable stature in thesociety themselves have become puppets in the hands of forward caste people. These progressed Dalits have taken sides with the forward caste oppressors & are suppressing their own Dalit Brothers. Now , take for instance the case of Justice Dinakaran rhe Dalit – he has got , education , incentives , reservation , job , etc , all due to the government legislations. Instead of working for the upliftment of his Dalit brothers in his greed for more money , more wealth he usurped the very land earmarked by the government for his Poor Dalit brothers.Thereby , JUSTICE DINAKARAN HIMSELF HAS PROVED THAT HE IS ANTI-DALIT. HE MUST BE PUNISHED , NOT JUST LET OFF WITH RESIGNATION FROM SERVICE or GAG ON MOUTH.

Media & Government has given much hype to JUSTICE DINAKARAN’S case as he is a DALIT. What about the more grave crimes done by high ranking judges belonging to upper castes ? what action government has taken ? whydoes not media give wide coverage for such upper caste judgescaught , finally helping in hushing up thecase ? Take for instance roost resort sex scandal involving Karnataka high court judges or the UP high court judge belonging to upper castewho got his official chambers cleaned , purified with GANGA JAL (as the official chamber was previously occupied by a dalit judge). WHY NOT MEDIA IS GIVING COVERAGE TO SUCH CASES INVOLVING UPPER CASTE JUDGES ? WHY NOT GOVERNMENT IS TAKING ACTION AGAINST ERRING UPPER CASTE JUDGES , WHO’S CRIMES ARE GRAVERTHAN DINAKARAN’S ?

Government & Media should not practice double standards . TRUTH FOREVER – Attempts by vested interests to silence our publication , to silence a human rights activist , to silence the voice of Dalits

The police , judges , public servants , etc question the accussed persons , to ascertain the root cause of crime or dispute, to know the truth behind every actions. The police even apply 3^rd degree torture on commoners ( although it is illegal ) to elicit truth , information about crimes. When the same public wants to know the truth behind crimes involving police , judges & public servants , and seeking truth , answers , informations as per RTI ACT from police , judges & public servants , they are not answering lest the truth come out. They are citing one or the other technical reasons to hide information , to hide truth about crimes , to shield the criminals. If any of the following public servants truly stands for law , justice , truth , let them answer for the following questions publicly through media.

READ FULL ARTICLES AT FOLLOWING WEB PAGE

http://sites.google.com/site/sosevoiceforjustice/judicial-orders-for-sale

JAI HIND. VANDE MATARAM.

Your’s sincerely,

NAGARAJ . M . R .

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Justice Dinakaran and Land Grab in TN

Balasundram

The revelation of the illegal wealth amassed by the Karnataka High Court Chief Justice P D Dinakaran hit the headlines just as the campaign to declare assets of the Judges gained momentum. The ignominious revelation not only underscored the importance of the movement for judicial transparency and accountability. The very ethical and moral foundation of the highest judiciary of India was shaken, since it had tried its best to save the Justice in question. Eventually the Supreme Court collegium was forced to drop P D Dinakaran’s name from the panel of Supreme Court Justices.
The Dinakaran episode has two dimensions: one, judicial corruption; the other that of land and land reform in the country. The Justice had amassed 440 acres of land (one fourth of the village land, worth Rs 110 crore) in Kaveri Rajapuram in Tiruvalluvar district in Tamil Nadu, of which 197 acres was Government poramboke land. The Judge repeatedly denied this, but his lie was nailed by the Collector’s report supported by documentary evidence. The Supreme Court, however, overlooked the fact that the Judge got land in violation of the land ceiling law of the state, and only sought clarification from the District Collector whether his report contained the details of encroached Government poramboke land. The Collector in his second report confirmed his earlier findings supported by land survey numbers. The Supreme Court then resorted to the ridiculous ploy of asking the Survey of India to submit a report (thus in effect rejecting the Collector’s report). The SC did not even refer the matter to the Government of Tamil Nadu which is the competent, constitutionally mandated authority to decide the matter. Even activists taking up the Dinakaran issue against judicial corruption did not raise the issue of violation of the Land Reforms Act. The SoI’s response is not known. The highest court abruptly turned the matter over to the GoI to decide the matter.
The DMK Government was silent on all these developments and raised no opposition to the Supreme Court’s act of bypassing the Government. When the CPI(M) and its peasant wing announced a movement to retrieve the land grabbed by Justice Dinakaran, Chief Minister Karunanidhi came in support of the Justice! Shamelessly, he invoked a spurious ‘social justice’ card, saying that if Jayalalitha can amass land why can a Dalit Justice not to the same? As the Collector came up with detailed records with documentary evidence, the Government should have seized the lands or at least should have instituted an enquiry commission on the line of Sivasubramaniam Commission which had enquired into the allegations against Jayalalitha of having grabbed land allotted to Dalits. The shameless defense of the Justice exposed the DMK Government’s promises of distributing 2 acres land to the landless as a monumental sham. After the initial fanfare of the 2 acre scheme, the Government has given a decent burial to the scheme, with Karunanidhi saying he had enough heart but not enough land! The Dinakaran episode exposed the fact that there is no dearth of land; the Government itself has a land bank of thousands of acres to gift to big corporates and multinationals in the name of industrial development and investment.
The AIALA demanded seizure of the all the land grabbed by Justice Dinakaran, including the encroached lands, and distribution amongst the landless agricultural labourers and rural poor. It conducted a poster campaign which drew wide reception. A delegation led by S Janakiraman met the district collector and demanded the same. It demanded a district-wide investigation since land grab was rampant in the district. The Collector agreed with AIALA’s assertion that there were numerous similar cases of land grab in the district and assured that all such cases would be looked into.
The AIALA has launched a campaign in November and December. As part of a state-wide mass agitation programme on December 21, a big mass mobilisation and agitation is planned centering on the issue of land. Panchayat level propaganda and agitational activities have been planned. The programme will culminate in a mass agitation in front of the collectorate demanding 2 acre land and 5 cent housing site as was promised by the DMK govt.

Home > Liberation > Year_2009 > Dec_09 > Justice Dinakaran and Land Grab in TN

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"JUSTICE P D DINAKARAN IS NOT A DALIT"

Monday, 28 September 2009 00:50

BY SATHYALAYA RAMAKRISHNAN

Chennai: In a fresh twist to the controversy surrounding Justice Paul Diwakar Dinakaran, a collective of civil rights g roups here has questioned his Dalit background, saying he ceased to be a member of the Scheduled Castes ever since he converted to Christianity.

Addressing mediapersons here, representatives of the organisations said the entire issue of elevation of Dinakaran is premised upon serious charges of corruption and those who try to rake up his caste background were unaware of what they are doing.

Going by the Constitution, the People's Watch said, the judge was not an SC member, instead a Christian falling under the Backward Classes. The National Commission for the Scheduled Castes was "needlessly trying to jump into an issue, which basically stems from charges of corruption alone", the NGO's Executive Director Henri Tiphagne noted.

O Fernandes of the Human Rights Advocacy and Research Foundation and others representing Dalit forums said the issue was only about encroachment of public property, misuse of office, and "questionable" judicial orders in certain cases, besides violation of some provisions of the Motor Vehicles Act. "Most charges stand substantiated after our field visits."

Justice Dinakaran has 527 acres of land in Kaverirajapuram village near Tiruttani. Of this, 230.19 acres come under government `poromboke' and `adineenam' category.

The locals used the lands for purposes like cattle grazing. Their misappropriation has affected the local poor, mainly Dalits and other backward people.

"Let all charges be probed.

If he is exonerated, then its fine," Tiphagne said.

Asked how Dinakaran could continue as the Chief Justice of the Karnataka HC if the charges were true, he said, "Ideally he must not. But, we cannot ask everything at the same moment." A detailed account of alleged misappropriation of wealth would be sent to the CJI and the collegium

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Justice Dinakaran had denied justice to many

December 16th, 2009

By Our Correspondent

Disproportionate Wealth (I)

Urban properties
1. Anna Nagar, Chennai (2005-2006):

(a) Justice P D Dinakaran purchased a residential plot of 4,800 sq. ft at J-81, Anna Nagar East, Chennai, a prime residential area, during 2005 for an undervalued cost of Rs.90,50,040 lakh. The property was jointly purchased by Justice Dinakaran (Rs 37,85,040), wife Dr Vinodhini Dinakaran (Rs 28,35,000) and the CJ’s mother-in-law M.G. Paripoornam (Rs 24,30,000).
(b) The 30 % share in house site in Anna Nagar first purchased on 01.09.2005 by Paripoornam (mother in-law), was settled later to her daughter, Dr Vinodhini Dinakaran on 21.08.2006 i.e. in less than a year. The remaining 70 per cent share as stated above was bought jointly by Justice Dinakaran and his wife. These details are as per the Certificate of Encumbrance on Property.
(c) Construction activity at the site of a building comprising of two floors and above was continuing until September 2009. By any modest
estimate, the cost of construction so far would have been more than Rs.25 lakh.

2. Shenoy Nagar, Chennai (2002-2008):
(a) Plot bearing Door No28, East Park Road (junction of Pulla Avenue and East Park street), Shenoy Nagar, Chennai - 600 030 was jointly purchased by Justice Dinakaran and Dr Vinodhini Dinakaran in 1990. After appointment as judge, he settled his share in his wife Vinodhini’s name in December 2001. The adjacent Plot No 27 was purchased in the name of Vinodhini Dinakaran in July 2002 at Rs. 9,30,000, which is gross undervaluation as compared to the price of Rs 28,73,472 as per the guideline value fixed by the Government.
A loan of Rs 7 lakh was taken by Dr Vinodhini in 2002 from Corporation Bank, Anna Nagar, Chennai but was closed in 2004.
A huge five storeyed commercial complex has been built during 2006-2008. Justice Dinakaran was seen frequently personally supervising the construction. Conservative estimates indicate that the cost of construction would be not less Rs 2.5 crore.
3. Five housing plots from Tamil Nadu Housing Board near IT Corridor, Chennai (2002- 2005):
In the year 2005, five plots of 3600 - 3800 sqft each of the High Income Group (HIG) categories were obtained by Dr Vinodhini Dinakaran and the two daughters Amudha and Amirtha. Three plots were directly purchased by Dr Vinodhini Dinakaran. Within two days of the sale by the Housing Board to the parents-in-law, the last two plots were registered in the name of Justice Dinakaran’s two daughters under a ‘Settlement’ as follows:
(i) Amirthaporkodi Dinakaran, Plot No.HIG II/43, 336 sq. m. Settlement by James Kuppusamy, father-in-law, (document No.5097 t.05.09.2005)
(ii) Amudhaporkodi Dianakaran, Plot No.HIG II/44, 336 sq. m. Settlement by M.G. Paripoornam, mother-in-law, (document No.5098 dt.05.09.2005)

4. Property at Ooty, Nilgiris District, Tamil Nadu:
(a) The property mentioned below has been purchased recently by M.G. Paripoornam, mother-in-law of Justice P.D. Dinakaran, who is now 80 years old. Document No.1078/2009 dated 28.08.2009 registered with Sub-Registrar I, Ooty. 4.5 Acres property with a bungalow in Survey No.4813/1C purchased in the name M G Paripoornam, mother-in-law of Justice Dinakaran. It is learnt that the parents-in-law do not have resources to support such investments, which is also clear from their declarations in their applications to the TN Housing Board.

5. Arakkonam Property:
In Arakkonam Town, the residential building ‘Anbagam’ (a residential building said to be owned by Justice Dinakaran) was recently renovated at a cost of nearly Rs 15 lakh. It reportedly encroaches on the main road by 10 feet.

6. Lands in Kaverirajapuram village (440 Acres):
In the village of Kaverirajapuram, Tiruttani Taluk, Tiruvallur District, Tamil Nadu, situated about 80 km., from Chennai, the extent of land possessed legally and illegally by the judge and his family is approximately 440 acres. Kaverirajapuram is a village whose population predominantly consists of Dalits, Irulas (scheduled tribe), and most backward classes like Naidus and Boyars and others. The agricultural land is predominantly dry land. The total extent of the village is about 1,700 acres. In all, the judge is in possession of approximately 440 acres in Kaverirajapuram Village alone, almost one fourth of the village. Out of this 440 acres:
1) Nearly 240 acres are ‘patta’ lands purchased by the judge and his family, (wife and daughter viz., Amudha Porkodi) either individually or through four private companies formed in 2001 in which, his wife, elder daughter and close relatives are directors or shareholders.
These lands are held beyond the ceiling limit as explained below. The parents-in-law are shareholders and directors of the Companies.
2) About 200 acres have been encroached upon by the judge and his family and they are:
(a) Government poramboke, eri (lake), stream and other water bodies, pathway and Tamarind Grove
(b) Lands classified as ‘Government Anadhinam’ land (which can be allotted only to landless poor as per Revenue Board Standing Orders of the Tamil Nadu Government).
These lands were classified as ‘Government Anadhinam’ lands even prior to the settlement proceedings held 50 years ago under the Tamil Nadu Estates Land (Abolition and Conversion into Ryotwari) Act, 1948

7. Wealth acquired through corruption and dishonesty:
The information and materials available show clearly that the assets and pecuniary resources possessed by Justice Dinakaran, are disproportionate to the known sources of income. The so called ownership of properties by his extended family is an eyewash, as is clear from their financial status and the fact that the property is invariably given over by ‘settlement’ to either Justice Dinakaran’s wife, Dr Vinodhini Dinakaran or their two daughters. The veil of ostensible documentations and corporate operations cannot hide the fact that the real ownership lies with Justice Dinakaran, whose income does not support possession of such wealth. The inescapable conclusion is that Justice Dinakaran has acquired wealth through corrupt and dishonest means and is thus unfit to be a judge.

II. Extravagant expenses
It is widely known that Justice Dinakaran celebrated his daughter Amudha Porkodi’s wedding at Bengaluru with extreme opulence soon after his appointment as Chief Justice of Karnataka High Court. Hundreds of VIP guests are reported to have been hosted by Justice Dinakaran with board and lodging in almost 40 rooms and suites at luxury hotels at Bengaluru like Atria and Chalukya . The scale of celebrations and the expenditure involved crossed several crores of rupees.

III. Benami transactions
a) Properties are initially purchased in the name of the aged parents-in-law who are mere pensioners and are not even Income Tax assessees.
(b) The shares in private companies and the agricultural land holdings by the parents-in-law, sister, sister-in-law and brother-in-law are obviously not funded by themselves, considering their financial resources.

IV. Violation of land ceiling law
As per Section 5 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, a family of five cannot hold more than 15 ‘Standard’ acres of agricultural land. Justice Dinakaran and his wife Dr Vinodhini Dinakaran hold 53.32 acres of agricultural dry land in Patta Nos.1372 and 1428.

V. Encroachment of public land:
At Kaverirajapuram Village, vast extents of government ‘poramboke’ lands, Government Anadhinam lands, water bodies like lakes, canals, streams, common village pathways and an ancient mud fortress abutting his patta lands were progressively encroached by him.

VI. Violation of human rights of Dalits:
Due to the appropriation of the common village properties by Justice Dinakaran, the village poor including the Dalits have been oppressed. Even if any of them or their cattle stray near the judge’s farm or near the said village common properties, they are whisked off inside his farm and beaten and physically abused by men employed in the farm.

VII & VIII. Destruction of evidence:

Once the encroachment of government and village common properties in Kaverirajapuram village became known, Justice Dinakaran caused removal of the fence and barricades around the said properties.

IX. Fraud on public exchequer:
Justice Dinakaran has systematically and deliberately undervalued the properties at the time of every registration of sale, in order to evade payment of stamp duty to the public exchequer.

X. Illegal construction:
Chennai Metropolitan Development Authority approval plan dated 7.09.2007 granted to Dr Vinodhini Dinakaran, sanctioned an office building with stilt + 4 floors at Nos.27 & 28, East Park Road, Shenoy Nagar, Chennai.
However, an office/ commercial construction has been put up consisting of stilt +5 floors, making it a multi-storeyed building as per the Development Control Rules.

XI. Misuse of official position:
The aforesaid irregular and illegal acquisitions and actions were undoubtedly facilitated by the undue influence wielded by Justice Dinakaran misusing his position as a judge.

XII. Abuse of judicial office:
Justice Dinakaran has abused his judicial office both on the judicial side and on the administrative side. A total of 18 cases have been referred to in the resolution where he has allegedy passed orders to favour someone or the other at the Madras and Karnataka High Courts.

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Mr Dinkaran had removed 15 judges without any reason or they had been heard. And he not duty bound. He is not knowing the KSCR rules. He is not taking any decision on the suspended officers who are waiting for two to six years. And they have been paid monthly subsistance allowance more than 5 lakhs. Which is loss to govt. No justice in Karnataka High Court for its own judicial officers.

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Dinakaran case: CPI-M backed farmers body

PTI

First Published : 14 Jun 2010 03:56:23 PM IST

CHENNAI: Continuing its offensive against Karnataka Chief Justice P D Dinakaran, facing land grab charges, a CPI(M) backed farmers' body today announced that it would go on a 48-hour fast on June 17.

Senior members of CPI(M), All India Kisan Sabha (AIKS) and All India Agricultural Workers' Union (AIAWU) will participate in the strike, demanding the reclaim of 200 acres of land in Tiruvallur district, allegedly encroached by Justice Dinakaran and his family members.

CPI(M) Central Committee Member U Vasuki is scheduled to head the hunger strike, to be held in Tiruvallur district, B Tulasinarayanan, District Secretary of AIKS, told PTI.

The AIKS has been spearheading an agitation against the alleged land encroachment by staging protests including trying to forcibly enter the land located in Kaverirajapuram village (Justice Dinakaran's native village) in the district.

Impeachment proceedings, against Justice Dinakaran, are pending in the Rajya Sabha.

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Dinakaran, Shylendra Kumar spat reaches SC

Express News Service

First Published : 15 Jun 2010 02:19:22 AM IST

Last Updated : 15 Jun 2010 11:37:04 AM IST

BANGALORE,: In an unprecedented move, Karnataka Chief Justice P D Dinakaran on Monday directed the High Court registry to file a special leave petition (SLP) in the Supreme Court challenging the order of a division bench of Justice D V Shylendra Kumar and Justice A N Anand.

The division bench had sought details on administrative orders passed by the CJ in relation to judicial sittings.

The CJ’s directive to the Registrar General said the order of the division bench headed by Justice Shylendra Kumar was interfering with the administration of justice by the HC. The CJ directed the registry to file an SLP before the SC challenging the order.

The HC division bench berated the Registrars for not submitting the information and said that it amounted to contempt of court.

“The non-functional Chief Justice now seeks support from the Supreme Court. We are amazed at the disobedience of the court order passed by us on June 4. You are the Registrar of the High Court and not Registrar for the CJ,” the bench observed.

“How can the judicial order of this court interfere in administration of justice? Any order passed on the administration side by the Chief Justice is also amenable to judicial review. A judicial order cannot be reviewed by the administrative side and non-implementation of our order amounts to contempt of court,” Shylendra Kumar said.

“It is an unfortunate thing that we have to teach the Chief Justice about the constitutional powers of the High Court,” Justice Kumar said.

While making way for the filing of the SLP, Justice Kumar directed the Registrar General to put in writing that he is not in a position to place the records as sought by the court and adjourned the hearing to the next week.

The original order of the division bench, during the hearing of a tax matter, sought details of judicial sittings conducted in the principal bench by judges posted to the circuit benches of Dharwad and Gulbarga.

Topics:

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SC Stays HC Judge's Order on Dinakaran's Decisions

NEW DELHI \| JUN 15, 2010	PRINT	SHARE	COMMENTS

The Supreme Court today stayed the interim orders of Karnataka High Court judge, Justice D V Shylendra Kumar, questioning the administrative decisions of Chief Justice P D Dinakaran, who is facing corruption and land grab charges.

"Under the facts and circumstances of the case, we feel it fit to stay the interim orders passed by the division bench (headed by Shylendra Kumar)," a vacation bench comprising Justices Deepak Verma and K S Radhakrishnan said.

The apex court said that the directions passed by the bench headed by Justice Shylendra Kumar was in complete defiance of the guidelines laid down by it.

It said that though the Chief Justice is not taking judicial matters but for all other practical purposes, he is the Chief Justice and this is his exclusive prerogative to take administrative decisions including the composition of benches, rosters and allocation of work to the puisne judges.

It said since the matter pertains to judicial discipline, it was referring it to the Chief Justice of India.

The bench asked the apex court registry to convey its order to the registrar of the Karnataka High Court through telephone and fax.

The apex court was hearing a petition filed by the Karnataka High Court in which it had complained that Justice Kumar has allegedly "berated" Justice Dinakaran by using "intemperate" language.

Justice Dinakaran, whose transfer to another high court has been recommended by the Supreme Court collegium in the wake of corruption and land grab charges against him, has been a target of Justice Kumar ever since, according to legal sources.

The petition has also sought quashing of some orders passed by a bench led by Justice Kumar, who had in the past attacked Justice Dinakaran in his blogs.

In the petition filed by the high court, it has been alleged that while hearing a tax/customs matter, a division bench of Justices Kumar and N Ananda, questioned the administrative decisions taken by Justice Dinakaran and sought information from the Registrar General about the roster of the judges and allocation of work to judges of the principal and circuit benches.

The apex court, while staying the orders, said it will not preclude the high court division bench from hearing the matters on merit.

"In fact, we are of concerned opinion that it would be inappropriate for any bench that any judicial matter be discussed in extra judicial manner," Justices Verma and Radhakrishnan said.

The apex court said that while hearing the tax and custom matter, the bench headed by Justice Kumar had not adhered to the guidelines laid down by it as to how the puisne judges are required to conduct themselves while dealing with judicial matters.

The court also issued notice to the concerned parties and posted the matter for further hearing in July.

The high court, in its petition, alleged that the bench headed by Justice Kumar was using "intemperate" language against Justice Dinakaran for publicity and even "orally threatened to initiate contempt proceedings" against the Registry if it would not comply with it orders.

The bench had questioned the decision of the Chief Justice to not list the tax matter on a particular date before the circuit bench at Dharwar where Justice Kumar was presiding it.

The Chief Justice had taken a decision that the matter would be heard later when the matter returns to the Principal Bench.

In the petition, the High Court had said, "the division bench has thereafter been summoning records, orders and notifications issued by the Chief Justice of Karnataka High Court with a view to sit in appeal over the same".

"That apart, they have been berating the Chief Justice in the open court in intemperate language with a view to ensure that the same is printed in the news media," it had said.

FILED ON: JUN 15, 2010 15:23 IST

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Tainted judge Dinakaran sworn in as Chief Justice of Sikkim

PTI, Aug 9, 2010, 11.36am IST

P D Dinakaran in Bangalore on August 6, 2010. (TOI Photo)

GANGTOK: Justice Paul Daniel Dinakaran, facing impeachment proceedings in the Rajya Sabha, was today sworn in as the Chief Justice of the Sikkim High Court after his transfer to the Himalayan state following allegations of corruption.

Justice Dinakaran was sworn in by Sikkim Governor Balmiki Prasad Singh at the Ashirwad Bhavan in the Raj Bhavan complex.

Chief Minister Pawan Chamling, cabinet ministers and top officials were present at the function.

Justice Dinakaran had been directed to assume charge on or before August 13 following a decision by President Pratibha Patil after consultation with Chief Justice of India S H Kapadia.

The 60-year-old Justice Dinakaran had been recommended for elevation to the Supreme Court by its Collegium in August, 2009.

The government returned the recommendation to the Collegium in December, 2009 after several top jurists objected to his name citing allegations of corruption and land grabbing.

In January, opposition parties had moved an impeachment motion against Justice Dinakaran in the Rajya Sabha.

Allegations listed in the impeachment motion against the judge include possessing wealth disproportionate to his known sources of income, unlawfully securing five housing board plots in the name of his wife and two daughters and entering into benami transactions.

The charges against him also include acquiring and possessing agricultural holdings beyond the ceiling limit. Justice Dinakaran has denied the allegations.

In March this year, the Supreme Court Collegium had asked Justice Dinakaran to proceed on leave, but he did not do so. The Collegium then recommended his transfer to the Government.

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The controversial Justice PD Dinakaran being sworn in as Chief Justice of Sikkim HC by Governor Balmiki Prashad Singh, at Raj Bhavan in Gangtok on Monday. (PTI)

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Par panel slaps corruption charges on Justice Dinakaran

Initially, another Supreme Court Judge V S Sirpurkar was appointed to head the panel but he was forced to recuse after the Madras Bar Association and various lawyers forum sought his recusal on the ground that he had worked with Justice Dinakaran in the Madras High Court.

While slapping charges against Dinakaran, the panel took into consideration various material furnished by the Income Tax department and Tamil Nadu government to justify the allegations against him.

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22743703-dinakaran.jpg?w=640&h=525

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Dinakaran seeks Rao's recusal from inquiry panel

20 Apr 2011 11:32:26 PM IST

NEW DELHI: Sikkim Chief Justice P D Dinakaran, facing impeachment proceedings for alleged misconduct, today sought recusal of senior advocate P P Rao from the three-member Rajya Sabha appointed inquiry panel on the ground that he was biased.

Justice Dinakaran also in his reply to the chargesheet framed against him submitted through counsel Nitin Mesharam said that the panel has "exceeded the jurisdiction" and was acting in an "unconstitutional" manner by levelling allegations that had no nexus to the discharge of his judicial and administrative duties.

According to the beleaguered judge, the panel was acting in contravention of Article 124 and 121 by raking up personal issues against the judge and his family although the said Constitutional provisions expressly barred any such reference of a high court or Supreme Court judge's personal life.

Further, counsel Mesharam sought recusal of P P Rao from the committee on the ground that he was one of the members of a delegation which in 2009 had met the then Chief Justice of India K G Balakrishnan to oppose Justice Dinakaran's elevation to the Supreme Court.

The committee, comprising Justice Aftab Alam of the Supreme Court, Karnataka High Court Chief Justice J S Khehar and senior advocate P P Rao, has asked Dinakaran to respond to the sixteen charges framed against him by April 20. The panel was appointed by Rajya Sabha chairperson Hamid Ansari after the house initiated impeachment motion against him.

The committee, which issued the charge sheet to Dinakaran in March and asked him to respond by April 9, has made it clear that it will commence the hearing in the matter on April 25 and will not give any further adjournment.

The charges against Justice Dinakaran, who is facing impeachment proceedings in Parliament, include possession of wealth disproportionate to his known sources of income and illegal encroachment on public property and land belonging to Dalits and other weaker sections.

He is also accused of having five Tamil Nadu Housing Board plots in the name of his wife and two daughters, benami transactions, acquiring and possessing agricultural holdings beyond the ceiling fixed by the TN Land Reforms Act 1961, destruction of evidence, undervaluation of sale agreements, evasion of stamp duty and illegal constructions.

Justice Dinakaran has also been accused of resorting to irregular and dishonest administrative actions by fixing rosters of judges to facilitate dishonest judicial decisions while he was the Chief Justice of Karnataka High Court. He has also been charged with undertaking transfers of judges and appointment of staff illegally, sources said.

Dinakaran has been granted the liberty to engage a lawyer of his choice to defend himself.

Justice Dinakaran was recommended for appointment as a Supreme Court judge in August 2009 but the move was stalled following the allegations against him.

The motion for Dinakaran's removal was admitted in the Rajya Sabha on December 17, 2009 following which the Upper House Chairman Ansari constituted the panel to probe the allegations.

Initially, another Supreme Court Judge V S Sirpurkar was appointed to head the panel but he recused himself after the Madras Bar Association and various lawyers' forums sought his withdrawal on the ground that he had worked with Justice Dinakaran in the Madras High Court.

While slapping charges against Justice Dinakaran, the panel took into consideration various materials furnished by the Income Tax department and Tamil Nadu government.

Guru · Guru

Guru · Guru

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Guru · Guru

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Guru · Guru

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Guru · Guru

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Guru · Guru

நீதிபதி பி.டி.தினகரனுக்கு உச்சநீதிமன்றம் கண்டனம் தெரிவித்துள்ளது.

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பதவி நீக்க நடவடிக்கைகளை தடுக்கும் வகையிலும், இழுத்தடிக்கும் வகையிலும் வழக்கு தொடருவதா என்று சிக்கிம் உயர்நீதிமன்ற தலைமை நீதிபதி பி.டி.தினகரனுக்கு உச்சநீதிமன்றம் கண்டனம் தெரிவித்துள்ளது.

தினகரன் உச்சநீதிமன்றத்தில் தாக்கல் செய்துள்ள வழக்கு உள்நோக்கத்துடன் கூடியதாகும் என்றும் அது கண்டித்துள்ளது.

நில ஆக்கிரமிப்பு உள்ளிட்ட பல்வேறு புகார்களில் சிக்கினார் முன்பு கர்நாடக உயர்நீதிமன்ற தலைமை நீதிபதியாக இருந்த பி.டி.தினகரன். இதையடுத்து அவரை உச்சநீதிமன்ற நீதிபதியாக்கும் முடிவு தள்ளி வைக்கப்பட்டது. மேலும் அவரை சிக்கிம் உயர்நீதிமன்றத்திற்கு இடமாற்றம் செய்தனர்.

தினகரனை பதவி நீக்கம் செய்ய ராஜ்யசபாவிலும் எம்.பிக்கள் மனு கொடுத்துள்ளனர். இதையடுத்து அதுதொடர்பான நடவடிக்கைகளை ராஜ்யசபா மேற்கொண்டுள்ளது.

இதுதொடர்பாக உச்சநீதிமன்ற நீதிபதி அப்தால் ஆலம் தலைமையிலான 3 பேர் கொண்ட குழுவை ராஜ்யசபா தலைவரும், குடியரசுத் துணைத் தலைவருமான ஹமீத் அன்சாரி நியமித்தார். தினகரன் மீதான நடவடிக்கை குறித்து பரிந்துரைக்க இந்த குழு அமைக்கப்பட்டது.

ஆனால் இந்தக் குழுவின் செயல்பாட்டுக்குத் தடை விதிக்க வேண்டும் என்று கோரி தினகரன், உச்சநீதிமன்றத்தில் மனு செய்தார்.

இந்த மனுவை விசாரித்த நீதிபதிகள் ஜி.எஸ்.சிங்வி, சி.கே. ஆகியோர் இன்று நீதிபதி தினகரனுக்குக் கண்டனம் தெரிவித்தனர். பதவிநீக்க நடவடிக்கைகளை தாமதப்படுத்தும் உள்நோக்கத்துடன் இதுபோன்ற மனுவை நீதிபதி தினகரன் தாக்கல் செய்துள்ளார். இது கண்டனத்துக்குரியது என்று நீதிபதிகள் உத்தரவிட்டனர்.

மேலும், ராஜ்யசபா தலைவர் நியமித்த குழுவிலிருந்து மூத்த வழக்கறிஞர் பி.பி.ராவை நீக்கியும் பெஞ்ச் உத்தரவிட்டது. இதையடுத்து அவருக்குப் பதில் வேறு ஒருவரை ஹமீத் அன்சாரி நியமிப்பார்.

மேலும் முக்கியமாக, தினகரன் மீதான நில ஆக்கிரமிப்பு குற்றச்சாட்டுக்கள் மர்றும் ஊழல், தவறான நடத்தை உள்ளிட்டவை குறித்து விசாரிக்க விதிக்கப்பட்டிருந்த இடைக்காலத் தடையையும் உச்சநீதிமன்றம் இன்று நீக்கி உத்தரவிட்டது.

உச்சநீதிமன்றத்தின் இந்த அதிரடி உத்தரவுகளால் தினகரனுக்கு பெரும் சிக்கல் ஏற்பட்டுள்ளது.

ஊழல் குற்றச்சாட்டு புகார்: சிக்கிம் நீதிபதி தினகரன் நேற்று திடீர் ராஜினாமா.

ஊழல் குற்றச்சாட்டுக்கு உள்ளாகி விசாரணையை எதிர்நோக்கியுள்ள சிக்கிம் உயர் நீதிமன்ற தலைமை நீதிபதி பி.டி.தினகரன் நேற்று ராஜினாமா செய்தார். சிக்கிம் மாநில உயர் நீதிமன்ற தலைமை நீதிபதி தினகரன் மீது நில அபகரிப்பு, வருமானத்துக்கு அதிகமாக சொத்து சேர்ப்பு போன்ற புகார்கள் கூறப்பட்டன. அவர் மீது மாநிலங்களவையில் கண்டன தீர்மானம் கொண்டு வரப்பட்டது.

தினகரன் மீதான புகார்களை விசாரிக்க 3 நீதிபதிகள் கொண்ட குழுவை மாநிலங்களவை நியமித்தது. இதை எதிர்த்து தினகரன் தாக்கல் செய்த மனுவை உச்ச நீதிமன்றம் கடந்த ஜூலை மாதம் தள்ளுபடி செய்தது. மாநிலங்களவை நியமித்த நீதிபதிகள் குழு தினகரன் மீதான புகார்கள் குறித்து இன்று விசாரணை நடத்தும் என்று அறிவிக்கப்பட்டிருந்தது. இந்நிலையில், நீதிபதி தினகரன் நேற்று திடீரென ராஜினாமா செய்தார். தனது ராஜினாமா கடிதத்தை ஜனாதிபதி பிரதிபா பாட்டீலுக்கு தினகரன் அனுப்பியுள்ளதாக தகவல்கள் தெரிவிக்கின்றன.

Land grabbing charge a figment of imagination

He told TOI that the charges were framed by the committee in which Rao was a member.Even if Rao is now substituted,the charges framed by the committee with him as a member still stands.What fairness can I expect from the inquiry Framing of charges is the heart and soul of any inquiry.If that is biased,then the entire proceedings get vitiated. Justice Dinakarans elevation to the Supreme Court as a judge was nixed by the allegations of corruption and land grabbing and later he was transferred from the Karnataka high court to the Sikkim high court.
He said: I have been consistently telling everyone that the charge of land grabbing is a figment of imagination.The survey of India has given a clear report that neither me nor my wife has either grabbed or encroached a single inch of land.
The documentary evidence about my innocence had been overlooked by the committee and everyone, he said.Asked whether he felt short-changed by judiciary,he said,I have no grievance against the judiciary. Asked about his future plans,he said,Since I have demitted office,I am a freelancer now. TNN

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நீதிபதி பி.டி.தினகரனுக்கு உச்சநீதிமன்றம் கண்டனம் தெரிவித்துள்ளது.

ஊழல் குற்றச்சாட்டு புகார்: சிக்கிம் நீதிபதி தினகரன் நேற்று திடீர் ராஜினாமா.