Judges in trouble: Justices Dinakaran and Soumitra Sen; Moily moots anti-corruption bill

Bar&Bench News Network

Nov 30, 2009

Senior Counsel and Jurist Fali Nariman [pictured] led the Bar Association of India in appealing to the collegium of the Supreme Court against elevating Justice Dinakaran to the Supreme Court.

At a meeting of the Bar Association, Nariman said that Justice Dinakaran's integrity was perceived to be doubtful, and appointing him to the Supreme Court would affect the faith of the common man in the Judiciary. The Bar Association adopted a resolution appealing to the apex court not to proceed with his appointment.

Justice Dinakaran's future, as we see it, is littered with 'ifs' and 'buts'. In the event that the collegium recommends his elevation, lawyers across the country, especially in Tamil Nadu and Karnataka, will be up in arms against his elevation. However, if he is not elevated, it is a distinct possibility that he may be asked to resign. Of course, a judge ineligible for elevation on account of taint is ineligible for continuing as a judge, let alone as Chief Justice of a High Court. With demands for his resignation reaching a crescendo, the collegium's decision is, either way, likely, either way, to result in strife for Justice Dinakaran.

Former Justice Soumitra Sen's impeachment, which was recommended by the Chief Justice of India, and is now pending in the Rajya Sabha, will be delayed as the enquiry panel is one short of the quorum. A copy of the recommendation is available here. The three member panel, headed by Justice Sudershan Reddy, also comprised Justice Tirath Singh Thakur, the Chief Justice of the Punjab and Haryana High Court.

Until Hamid Ansari, the Vice President and Chairperson of the Rajya Sabha, requests a recommendation from Justice Balakrishnan, the panel will not be able to conduct the enquiry.

The panel is enquiring into the misappropriation of sale proceeds in a matter in which Justice Sen was, as a practicing advocate, appointed as a receiver by the Calcutta High Court in 1984. He was appointed as a judge of the Calcutta High Court in 2003, and the misappropriation came to light in 2006. Judicial work was promptly withdrawn from him and a report was forwarded to the then Chief Justice, Y.K. Sabharwal.

In an attempt to bring legislative authority on the issue of corruption and transparency, Union Minister for Law, Veerappa Moily, in a parliamentary session confirmed that a 'Judges Standard and Accountability Bill' will be introduced in the Parliament. He also hinted that he might propose replacement of the Judges Inquiry Act, which deals with impeachment, with the new, more comprehensive Bill.

"No person with a shadow of corruption can become a judge if that system is put into place," he said. With Justice Dinakaran's future remaining unpredictable, and Justice Sen's impeachment a blot on the judiciary, it might be a while before the gloom that has descended lifts.

 

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