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

Chief Justice PD Dinakaran of the High Court of Sikkim addresses legal awareness session in NorthSikkim

MANGAN, 17 June: A daylong legal awareness session was held here at Namprikdang in Upper Dzongu today by the Sikkim State Legal Services Authority. The function was chaired by Chief Justice PD Dinakaran of the High Court of Sikkim who is also the Patron-in-Chief of the Sikkim State Legal Services Authority. He was accompanied by Justice SP Wangdi of the High Court, Sonam Gyatso Lepcha, Power Minister, Khamsoong Lepcha, North Zilla Adhyaksha, DC [North] TN Kaxi, SP, panchayat and zilla members, officials from the State Legal Services Authority.
The function started with a welcome speech by the DC, following which the Chief Justice introduced the gathered people to the Legal Service Authority and stressed that access to legal recourse was among the basic needs of the society like education and health.

He also explained why legal awareness was important and stressed that citizens aware of their rights and duties also had access to justice. He also observed today that given the geographical location and remoteness of North District, people here required more PHC’s and health centres for which he directed the DC to make a programme for the same.
Commenting on the implementation of MGNREGA, the CJ said that unlike other states, schemes were not being misused here.
Justice Wangdi also spoke on legal awareness and the need for democracy to have alert citizens.
The function also included talks by resource persons like Dr. Dupzor Lepcha and one from Sikkim State AIDS Control Society spoke on HIV/AIDS.
The DDO North spoke on MGNREGA while Mahesh Sharma spoke on consumer Rights.
The Power Minister urged all the people in attendance to convey what they learned at the session today with others in their respective localities.
The function concluded with the vote of thanks proposed by Matilda Isaacs, Joint Secretary, SSLSA

Sikkim Chief Minister Chamling inaugurates the auditorium hall of High Court of Sikkim

Gangtok: 15th June: Sikkim Chief Minister Dr. Pawan Chamling today inaugurated the auditorium hall of High court of Sikkim. CM Pawan Chamling was the Chief Guest on the occasion .

While addressing the gathering CM said that Sikkim, by general consensus, is the most peaceful state in the country. Over the decades, Government has been able to provide the best example in terms of maintenance of law and order, citizen security and social cohesiveness. Besides being surrounded by three international borders, we have offered the best case of how people living in the border state remain immune to the entire fluid socio- political atmosphere prevailing across the border state. CM further informed that Sikkim is the youngest member of the North East Council and is dedicated towards development of this isolated region connected with the mainland India only through the neck corridor but there still remains this general feeling of negligence amongst the people in the region.

Since the inclusion into the Council, government has been able to fulfill the twin objectives of emotional integration of Sikkimese people with the mainstream and secondly promote the atmosphere of peace and competitive developmental scenario in the region. Through our own innovation, Government have conceived range of development strategies based on rich natural resources found in the state which is being replicated in many other sister states recently. This way, Government has been able to stabilize hill economy, making significant improvement in all the socio-economic indices of the state and the region. Rule of law is paramount in the functioning of state government. In addition to all the democratic dividends, Government have devised special programme for the deprived section of the people, the poor and the vulnerable added CM. All the democratic institutions like the executive, judiciary, legislative and the fourth estate are meant to serve the larger interest of the people and the nation at large, said CM.

While addressing the gathering Chief justice, High Court of Sikkim Justice P.D Dinakaran said that today is a red –letter day in the history of High Court of Sikkim. Chief Minister Pawan Chamling is a political icon of the state and also the most respected and influential leader of this part of our nation. The court is often said to be the temple of justice because among all the virtues, justice is the most wanted for the both, the ruler as well as those who are ruled added Justice Dinakaran. Further more Chief Justice mentioned that justice delivery is, therefore, obligated to deliver prompt and timely justice to the consumer without compromising on the quality of justice, or the element of families, equality and impartiality, otherwise those who seek justice may be constrained to take the law in their own hands. The judiciary is required to shoulder this great responsibility to endure justice, social, economic and political, as articulated in the preamble of our constitution, particularly, when our country is undergoing major socio- economic changes and is emerging as a major power in the globe. The development of the trade and commerce has expanded the sphere of human activity, bringing in its wake difference of opinion, among the various players in different walks of our life, culminating in litigation which, both in volume and variety, has been expanding non –stop added the Chief Justice. Chief Justice further said that undoubtedly, the onerous burden of accommodating these litigants and administering justice to them lies on the judiciary.
The calls for a better and bigger infrastructure to accommodate the ever expanding number of advocates and litigants. The administration of justice is not dependent on the availability of infrastructure alone, but, it is also the duty of the court to ensure ‘the rule of law’ which is the ‘wheel of justice’ informed Chief Justice. The finest hour of law is when the law disciplines life and matches promise in performance. Such goal would be achieved only if the court assures the access to justice for all.

 Further more Chief Justice informed that in this task, the Bar as well as the bench should work shoulder to shoulder and unless there is an outstanding legal fraternity, it may be possible for the bench to write the best possible judgments. If the Courts are the temples of justice, the lawyers are its pillars. The temple without pillars will be odd to imagine. Take way the lawyers, the temple would be without pillars and will tumble down. The Court should serve the society like a tree and provide legitimate shelter to the needy by administering real, speedy and inexpensive justice. To achieve that goal the legal knowledge of the members of the Bar as well as judicial officers are required to be updated.During the programme Video film “Access to justice for all” was also released by the Chief Minister Pawan Chamling. Justice S.P Wangdi Judge, High Court of Sikkim also addressed the gathering.

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.

Supreme Court Bench recuse from hearing plea of Chief Justice of Sikkim High Court, PD Dinakaran

A Supreme Court bench on Thursday recused itself from hearing Sikkim High Court Chief Justice P.D. Dinakaran’s plea seeking stay of pre-impeachment probe by a Rajya Sabha-appointed committee into allegations of misconduct and corruption against him.

A bench comprising Justices D.K. Jain and H.L. Dattu did not give any reason for recusing itself from hearing the matter.

“It will go before another bench in the mentioning list for tomorrow,” the bench said.

The bench was to hear the petition filed by Justice Dinakaran in which the beleaguered judge has challenged the proceedings before a three-member Rajya Sabha-appointed inquiry panel which has been hearing the charges of alleged land grabbing and possession of wealth disproportionate to known sources of his income.

He has sought quashing of the order of the panel which has refused his plea for the recusal of senior advocate P.P. Rao on the ground that he was biased against him.

The panel, headed by Justice Aftab Alam of the Supreme Court, also includes Karnataka High Court Chief Justice J.S. Khehar, besides Mr. Rao.

Mr. Dinakaran, in his petition, has said there was likelihood of bias in the proceedings as Mr. Rao had earlier campaigned against him when his elevation to the Supreme Court was under consideration.

“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 petition has submitted.

It has alleged that Mr. Rao was part of a delegation of lawyers which had met the then Chief Justice of India K.G. Balakrishnan in 2009 to oppose his elevation to the Supreme Court.

The panel had on April 24 rejected Mr. Dinakaran’s plea against Mr. Rao saying the objection should have been raised at the start of the proceedings. Mr. Rao did not participate in the meeting when this application was discussed.

Charges against Mr. Dinakaran, who is due to retire on May 9, 2012, were levelled when he was Chief Justice of the Karnataka High Court. He was subsequently transferred to the Sikkim High Court.

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

Sikkim Chief-justice Dinakaran objects to panel investigating him

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 said that the panel has "exceeded the jurisdiction" and was acting in an "unconstitutional" manner by leveling 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 chargesheet 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 Tamil Nadu 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.