Dinakaran adopts delay tactics Demands recusal of PP Rao from the Investigation Panel

Sikkim Chief Justice P. D. Dinakaran, facing impeachment proceedings for alleged misconduct, has raised a preliminary objection before the three-member panel demanding that Senior Advocate P.P. Rao should recuse himself from the investigation. Dinakaran has raised this objection on the ground that Rao is biased as 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 his elevation to the Supreme Court..Sikkim Chief Justice P. D. Dinakaran, facing impeachment proceedings for alleged misconduct, has raised a preliminary objection before the three-member panel demanding that Senior Advocate P.P. Rao should recuse himself from the investigation. Dinakaran has raised this objection on the ground that Rao is biased as 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 his elevation to the Supreme Court..The panel, which includes Justice Aftab Alam of the Supreme Court, Karnataka High Court Chief Justice J.S. Khehar and P.P. Rao had issued the charge sheet to Dinakaran in March, seeking his response by April 20..NDTV reports that Dinakaran in his reply to the charge sheet 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 Justice Dinakaran, 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..Media Reports that Justice Dinakaran had already written to Rajya Sabha Chairman Hamid Ansari on April 8 saying Rao should not remain on the committee. However, Ansari had not responded to his objection. The committee 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 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..Justice Dinakaran faced the impeachment motion when he was Chief Justice of the Karnataka High Court and recommended for appointment as a judge of the Supreme Court in August 2009. Justice Dinakaran was refused elevation to the Supreme Court by the government despite the recommendation of the collegium headed by then Chief Justice of India K G Balakrishnan. The impeachment motion was admitted by the Rajya Sabha against him in December 2009 following which Rajya Sabha Chairman Hamid Ansari constituted the panel to probe the allegations. Later, he was transferred to the Sikkim High Court.