Nariman - Need to change the system; 66 MPs sign Bhushan's motion

Bar&Bench News Network

Dec 14, 2009

Pressure on Justice Dinakaran is mounting at all fronts, and despite having been criticized by several senior jurists, lawyers having boycotted his court, the government advising adversely, and the collegium taking an unreasonably long time to decide on his elevation, he has stuck through it all, making mild protests on not more than two occasions.

Last week we had reported about Senior Counsel Prashant Bhushan petitioning the Members of the Rajya Sabha to impeach Justice Dinakaran. At the end of Saturday, atleast 66 members of the Rajya Sabha belonging to the opposition had signed Bhushan's petition, the minimum number required to move the Parliament to impeach a judge. Once the petition is verified by the secretariat, a committee will be set up for considering the petition. Several members of the opposition, including Sitaram Yechury, of the Communist Party of India (Marxist) has suggested that the opposition might be presenting the petition this week.

The Congress party is yet to decide on the impeachment of Dinakaran. In an earlier impeachment proceeding against Justice V. Ramaswamy for miscounduct, the Congress party had abstained from voting, defeating the motion. Whether it is the same this time around, only time will tell.

Meanwhile, the case in favour of making the judicial appointment system transparent is gaining momentum. At the Dr. Kailas Nath Katju Memorial Lecture, keynote speaker and eminent jurist, Fali S. Nariman expressed regret for having succeeded in the 1994 Judges case. It was the Judges case that bestowed the power to select members of the Higher Judiciary, upon the collegium comprising judges of the Supreme Court. "There is a need to change the system," said Nariman.

Meanwhile, former Chief Justice of India, J.S. Varma on Saturday said that "no doubtful person" ought to come up in the judiciary. While Justice Dinakaran's elevation unlikely, so is his impeachment. Irrespective of the outcome of the Justice Dinakaran matter, what is certain is that the system will soon see a change.

 

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Comments(3)
  • 1. "Time to get this impeachment through. All please support.". Vigyan, Mumbai
  • 2. "I wonder how Misbehavior or Incapacity can be proved by anyone lest the 66 MPs. Dinkaran J. is entitled to be elevated. The matter if of Civil Nature. Collector has no propriety in the matter and aggrieved had to approach the appropriate forum first. The SC not dropping his name is right. Mere allegation shouldn't disable an Intelligent man of rightful consideration. This is unnecessary hip, and rather the part indicating reform requires emphasis only.". Advocate Sandeep Kapatkar, Pune
  • 3. "Mr. Sandeep is correct. What r the so called and self proclaimed saviours of judiciary going to do against the inaction of the bar councils against the advocates who indulged in violence in and outside the madras high court. I have started beleiving that indulging in violence with the robes of advocate is quite safe and gives immunity from penal law.". BARATLAW, CHENNAI
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