Lawyers from Karnataka have presented the chief justice of India, K.G. Balakrishnan, a memorandum seeking the transfer of Justice P.D. Dinakaran from the Karnataka high court to some other HC following the allegations against him. Until the transfer is affected, no judicial work should be given to him, they say.
The former Bombay high court judge, Hosbet Suresh, writes*:
“Justice Dinakaran sits in court with no restraint on him. If what has appeared in the press cannot be hidden from the public ear and eye, will the public have confidence in his administration of justice?”
Senior advocate Pramila Nesargi has presented a complaint to the central vigilance commission (CVC) seeking a probe into the allegations of corruption against Justice Dinakaran, a public servant as defined under the prevention of corruption Act.
Now, the former chief justice of India, J.S. Verma, has weighed in, in an edit page piece in the Indian Express:
“I neither know Justice Dinakaran, nor do I comment on the merits of the allegations made against him. I speak only on the basis of the information in the public domain brought out by media reports of the uncontroverted facts, which to my mind are sufficient for his non-appointment to the Supreme Court on the above ground….
“If the available material is sufficient to create a reasonable doubt warranting further inquiry, the test for non-appointment laid down judicially is satisfied and it is difficult to appreciate the propriety of keeping alive the issue of his appointment to the Supreme Court.
“I for one, with experience of the office of CJI and as the author of the opinion that lays down the existing law, find the persistence with the recommendation embarrassing and contributing to an erosion of the image of the institution. I wish the imbroglio ends soon with withdrawal of the recommendation. “
* Disclosures apply
Read the full article: To judge or not to judge
Full coverage: The strange case of Justice P.D. Dinakaran