New Delhi: The chances of elevation of
controversial Karnataka High Court Chief Justice P D Dinakaran
to the Supreme Court were virtually sealed today with Chief
Justice of India K G Balakrishnan ruling such a possibility at
this stage in view of the impeachment motion against him.
"There is no question of the (Supreme Court) Collegium
recommending the name of Justice Dinkaran. How can we consider
his elevation when the impeachment motion is pending in
Parliament?
"There is no question of bringing him to the Supreme
Court at this stage. We are requesting the government to keep
the recommendation in abeyance till the inquiry. We will keep
it pending," he said to pointed queries from mediapersons
as to whether Dinakaran's name has been dropped for elevation.
He said the Chief Justice of India does not have any
disciplinary power over high courts judges or their chief
justices and there was no question of his asking Justice
Dinakaran to desist from discharging his judicial duties as
demanded by Karnataka Bar Association.
However, there was the option of transferring a high
court Chief Justice or a judge, he said.
Asked whether, pending the impeachment proceedings,
Justice Dinakaran would be transferred to some other high
court, Justice Balakrishnan said "that option is there but for
the moment we are not doing anything".
"Justice Dinkaran himself thought it fit not to preside
over judicial work. Now that Justice Dinakaran is not exercing
any judicial power, they (lawyers) should feel happy," the CJI
said.
Asked about the impeachment proceedings, Justice
Balakrishnan said he has nothing to do with it as it was for
Parliament to proceed with the procedure.
"I have not nothing to do with it. So far, I have not
received any communication from the chairman of the Rajya
Sabha in this regard. Though there was no requirement that I
should be consulted, out of courtesy the CJI is consulted for
nominating a SC judge and one High Court Chief Justice" in the
committee set up by the chairman, he said.
On Justice Dinakaran's defence that he was innocent,
the CJI shot back "let him prove his innocence in the
inquiry".
The Chief Justice said he had no information about the
report that the union government had returned the file to the
SC Collegium on the recommendation relating to the elevation
of Allahabad High Court Chief Justice Chandramouli Prasad to
the Supreme Court.
Asked whether, pending the impeachment proceedings,
Justice Dinakaran would be transferred to some other high
court, Justice Balakrishnan said "that option is there but for
the moment we are not doing anything".
"Justice Dinkaran himself thought it fit not to preside
over judicial work. Now that Justice Dinakaran is not exercing
any judicial power, they (lawyers) should feel happy," the CJI
said.
Asked about the impeachment proceedings, Justice
Balakrishnan said he has nothing to do with it as it was for
Parliament to proceed with the procedure.
"I have not nothing to do with it. So far, I have not
received any communication from the chairman of the Rajya
Sabha in this regard. Though there was no requirement that I
should be consulted, out of courtesy the CJI is consulted for
nominating a SC judge and one High Court Chief Justice" in the
committee set up by the chairman, he said.
On Justice Dinakaran's defence that he was innocent,
the CJI shot back "let him prove his innocence in the
inquiry".
The Chief Justice said he had no information about the
report that the union government had returned the file to the
SC Collegium on the recommendation relating to the elevation
of Allahabad High Court Chief Justice Chandramouli Prasad to
the Supreme Court.
-PTI
First Published: Friday, December 18, 2009, 20:33