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This is an archive article published on April 30, 2011

SC stays Dinakaran impeachment probe

The SC’s decision comes after Justice Dinakaran complained to the SC about the presence of senior advocate P P Rao on the panel

Paying heed to Sikkim High Court Chief Justice P D Dinakaran’s “reasonable apprehension of bias” against the panel inquiring into his judicial misconduct,the Supreme Court on Friday stayed the impeachment process against him.

A Bench of Justices H S Bedi and C K Prasad stayed the impeachment inquiry,saying it cannot continue in the larger interests of natural justice if Justice Dinakaran has even a mere “apprehension” that the men judging him are biased.

The probe panel led by Justice Aftab Alam of the SC,which was appointed by Rajya Sabha Chairperson Hamid Ansari,has framed 16 charges against Justice Dinakaran,including possession of wealth disproportionate to his sources of income and encroachment on public property and land belonging to Dalits.

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The SC’s decision comes after Justice Dinakaran complained to the SC about the presence of senior advocate P P Rao on the panel. He alleged that Rao was part of a delegation that met then CJI K G Balakrishnan in 2009 to protest his elevation to the Supreme Court.

Pointing out that the panel had dismissed his complaint against Rao on April 24 — saying the objection should have been raised at the start of the proceedings — Justice Dinakaran asked the SC to quash order. “The impugned order passed by the Judges Inquiry Committee allowing a biased member to continue to serve as a member is hit by the principles of natural justice and,hence,violative of Article 14 of the Constitution,” Justice Dinakaran submitted in his petition.

The court on Friday issued notices to the committee and Rao,asking them to file their replies in two weeks before the case comes up for hearing before a vacation bench.

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