Supreme Court of India rejects CBI enquiry against Sikkim CM

Gangtok August 8:The Supreme Court (SC) of India today heard and disposed off the petition filed by Sikkim Pradesh Congress Committee (SPCC) Vice President Mr. Kunga Nima Lepcha challenging the Gazette Notification issued by the State Government withdrawing the Jurisdiction of the Delhi Special Police Establishment Act, 1946 in Sikkim. The Notification issued on 21st July last year, implied that the CBI which is governed by the Act can not function in the State any more. It is learnt that the SPCC had filed a PIL on 15th of July, 2011 at SC challenging the state government notification on CBI enquiry.SPCC President Mr. Nar Bahadur Bhandari informing media said that the Supreme Court though disposed off the matter even gave liberty to the petitioner to file a fresh petition challenging the order of the State Government of Sikkim. Adding more Mr. Bhandari informed that this order had been issued in response to the request made by the CBI seeking consent of the State Government to formally investigate the allegations made against the Chief Minister Mr. Pawan Chamling inclusive of 12 others.The SPCC President Mr. Bhandari have urged the people of state not to get carried away by allegedly malafide and false rumors being circulated by some vested interest individual in respect of the case too. On the other hand, the ruling SDF Party has reacted in a balanced manner to the development. The party spokesperson Mr. Bhim Dahal though once again questioned the credentials of Mr. Lepcha as a social worker, observed that the case was destined to meet the fate. Mr. Dahal however informed that a formal reaction over the matter will be issued after going through the Supreme Court’s Order.Whereas in the meanwhile, the Sikkim Himali Rajya Parishad Party has stressed that if the SDF led Government is clean on corruption issue then it must allow CBI to initiate investigations in Sikkim

SUPREME COURT BLOW TO SIKKIM CHIEF JUSTICE DINAKARAN

The Supreme Court today lifted the stay on proceedings against Sikkim high court Chief Justice PD Dinakaran by a Rajya Sabha-appointed panel.

The apex court asked the Rajya Sabha chairman to reconstitute the committee by replacing advocate PP Rao with another jurist.

The court dismissed Dinakaran's plea for quashing the charges framed against him by the committee.

Supreme Court: New panel to probe Sikkim Chief Justice Dinakaran case

The Supreme Court Today pronounced its verdict on Sikkim high court chief justice P D Dinakaran's petition challenging the impeachment proceedings against him for alleged corrupt practices and misconduct. A bench of justices G S Singhvi andC K Prasad had  lifts stay on proceedings against Sikkim High Court Chief Justice P D Dinakaran by the Rajya Sabha-appointed panel. The Apex court has now asked the Rajya Sabha Chairman to reconstitute the committee by replacing advocate P P Rao with another jurist. The Supreme Court also dismisses Dinakaran's plea for quashing the charges framed against him by the Committee.

Rajya Sabha chairman Hamid Ansari had in January 2010 constituted a three-member panel comprising Supreme Court judge justice Aftab Alam, Karnataka high court chief justice J S Khehar and senior advocate P P Rao to examine the 12 charges framed in the notice of motion adopted by the House.

Justice Dinakaran had challenged the proceedings on the ground that the panel had framed additional charges and was also independently conducting investigations and collecting material against him which, according to the judge, was not permissible under law. He has also sought recusal of senior counsel P P Rao.

The charges against the judge include land grabbing, accumulation of unaccounted assets, passing judicial order for extraneous considerations, following which his elevation to the Supreme Court was also stalled.

The apex court had on April 29 stayed the probe by the Rajya Sabha-appointed panel after Dinakaran expressed apprehension of a biased inquiry due to Rao's presence in the panel and that the committee had exceeded its jurisdiction

Supreme Court reserves verdict on Sikkim CJ Dinakaran's petition

sikkim governor with Chief Justice

New Delhi, June 1 (IANS) The Supreme Court Wednesday reserved its verdict on a petition by Sikkim High Court Chief Justice P.D. Dinakaran challenging the framing of charges by the Judges Inquiry Committee (JIC) probing allegations of corruption, land grabbing, disproportionate assets and misbehaviour against him.

Justice Dinakaran has contented that the JIC has framed the charges beyond the scope of its jurisdiction.

An apex court bench of Justice G.S. Singhvi and Justice C.K. Prasad, while reserving the verdict, said the JIC was not merely a post office to forward the charges contained in the notice of the impeachment motion against Justice Dinakaran.

Civil Society Allowed As Party In Sikkim High Court Chief Justice P.D. Dinakaran

New Delhi, May 18 (IANS) The Supreme Court Wednesday allowed a plea by a judicial body to be impleaded in the case involving Sikkim High Court Chief Justice P.D. Dinakaran who faces corruption and other charges.

The Forum for Judicial Accountability (FJA) wants to implead in the hearing of the petition by Justice Dinakaran seeking the quashing of the Judges Inquiry Committee (JIC) probing charges of corruption and encroachment of public land by him.

Justice G.S. Singhvi and Justice Chandramauli Kumar Prasad, however, said the FJA would confine itself to oral submissions and would not make any written submissions.

The FJA move was opposed by senior counsel Amarendra Saran, who appeared for Dinakaran and argued there was no scope for a third party to get into the proceedings.

Resuming the inconclusive argument of Monday, Saran told the court that the presence of senior counsel P.P. Rao on JIC was fraught with bias against the petitioner.

Justice Dinakaran has also contested the April 24 order passed by JIC chairman Justice Aftab Alam rejecting his plea for the recusal of Rao from the committee.

He told the court that the impugned proceedings of the JIC were held on Sunday - a day before the scheduled hearing on April 25.

Justice Singhvi said this was not a material factor.

Appearing for JIC, senior counsel U.U. Lalit said Rao was responding to the call of duty after Vice President Hamid Ansari asked him to be a part of the probe committee.

Lalit said that at no stage Rao made any allegations against Justice Dinakaran

SC to hear Sikkim High Court Justice Dinakaran's plea tomorrow

NEW DELHI: The Supreme Court will hear tomorrow the petition filed by Sikkim High Court Chief Justice P D Dinakaran alleging bias on the part of a Rajya Sabha- appointed panel probing charges of judicial misconduct and corruption against him.

The apex court on April 29 had stayed the probe by the committee after Justice Dinakaran had expressed apprehension of a biased probe due to the presence of senior advocate P P Rao in the panel and posted the matter for hearing before a vacation court.

It had asked the three-member panel headed by Justice Aftab Alam of the Supreme Court to respond to the plea by Justice Dinakaran seeking recusal of Rao from the panel.

Besides Justice Alam and Rao, the third member of the panel is Karnataka High Court Chief Justice J S Khehar.

Justice Dinakaran, 61, has pleaded that Rao along with other lawyers had campaigned against his elevation to the Supreme Court which was later put on hold.

He said that Rao was part of a delegation of lawyers, which had met the previous Chief Justice of India K G Balakrishnan in 2009 to oppose his elevation to the apex court.

The inclusion of Rao in the probe-panel indicates the possibility of bias in probe against him, he said.

Justice Dinakaran, in his petition said, "If there is reasonable likelihood of bias it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done."

The judge has contended that the decision of the panel rejecting his plea for recusal of Rao was in violation of natural justice.

"The impugned order passed by the Judges Inquiry Committee allowing a biased member to continue to serve as a member of the committee is hit by the principles of natural justice and, hence, violative of Article 14 of the Constitution," he said.

He pleaded that the apex court should quash the order passed by the panel on the issue of Rao's recusal.

The panel, appointed by Rajya Sabha chairperson Hamid Ansari after the House initiated impeachment motion against Justice Dinakaran, had asked him to respond to 16 charges framed against him.

The charges included 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.

Justice Dinakaran transferred to Sikkim High Court

New Delhi, July30  : The Chief Justice of the Karnataka High Court, PD Dinakaran, is being transferred to the Sikkim High Court. Dinakaran faces impeachment proceedings in the Rajya Sabha for alleged corruption.
President Pratibha Patil has reportedly signed the transfer order.
Last year, charges of corruption emerged when Dinakaran was recommended for promotion to the Supreme Court by its collegium - a group of senior judges. Reports - circulated largely by some of the country's most-respected lawyers - suggested that Dinakaran had illegally acquired hundreds of acres of land for his family in Tamil Nadu.
Dinakaran was dropped from the list of judges being sent to the Supreme Court. The collegiums also asked Dinakaran to go on leave while the corruption charges against him were being investigated. When he defied those orders, the collegium, in April this year, recommended to the government that he be moved to Sikkim. In Karnataka, Dinakaran's presence was causing significant tension with several lawyers refusing to argue their cases in his presence.
No thanks, said Sikkim's lawyers to Dinakaran's suggested transfer, vowing to boycott Dinakaran's oath-taking ceremony if he were forced upon them.
Since then, the transfer order had been pending with the President.

Supreme Court for ban on multiple draw of Sikkim lottery

New Delhi, Nov 27 (PTI) The Supreme Court today sought response of the Sikkim Government on a PIL which alleged that the State was organising "illegal" online lotteries in Maharashtra and West Bengal which was ruining the lives of thousands of people.

A bench of Chief Justice K G Balakrishnan, Justices B S Chauhan and K S Radhakrishnan, while passing the direction, posted the matter for further hearing to December 14.

The petition filed by Bibhas Karmkar who appeared in person alleged that the online lottery draws was being conducted by the state governments every 15 minutes and bumper draws every day.

He pointed out that under Section 4H of the Central Lottery Act, there can be only weekly draws and bumper draws can be conducted only six times in a year.