`Make public if CJI advised Justice Dinakaran to go on leave`
New Delhi: The Central Information Commission has directed the Supreme Court to make public records, if any, that the-then Chief Justice of India had advised the-then Karnataka Chief Justice PD Dinakaran to go on leave following allegations of land grabbing against him.
The case relates to activist Subhash Agrawal, who had sought to know from the Supreme Court through his RTI application, if the Chief Justice of India had advised Dinakaran to go on leave after the allegations surfaced.
The Supreme Court had argued that the matter relates to its "in-house procedure" on issues related to Judges. It said the issue of disclosure of information about matters related to "in-house procedure" has been stayed by apex court and hence it could not be disclosed.
In April last year, the Supreme Court collegium had advised 61-year-old Dinakaran to go on leave after allegations of land grab surfaced against him. He was later transferred to the Sikkim High Court as Chief Justice.
While in Karnataka, Dinakaran was not performing judicial functions after Rajya Sabha chairman Hamid Ansari admitted a motion in December seeking his removal on charges of corruption, land-grab and abuse of judicial office.
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 PP Rao in the panel and posted the matter for hearing before a vacation court.
Justice Dinakaran has pleaded that Rao along with other lawyers had campaigned against his elevation to the Supreme Court which was later put on hold.
In his order, Chief Information Commissioner Satyananda Mishra directed the Supreme Court to give Agrawal "copy of the document or file noting or correspondence, if any, about the Chief Justice of India advising Dinakaran to go on leave."
Allegations listed in the impeachment motion against Justice Dinakaran included possessing wealth disproportionate to known sources of income, unlawfully securing five housing board plots in the name of his wife and two daughters, entering into benami transactions, and acquiring and possessing agricultural holdings beyond ceiling limit.
Other allegations related to illegal encroachment on government and public property to deprive Dalits and poor of their livelihood, violation of human rights of Dalits and poor and destruction of evidence during official enquiry.
Justice Dinakaran has refuted the allegations.
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