To the eastern front

When a German soldier fighting in World War II was to be disciplined,he was sent to the Eastern Front the numbingly cold German invasion of Russia that ended in disaster. While Karnataka Chief Justice P.D. Dinakarans transfer to the Sikkim high court may not be an exact analogy,it will be nonetheless viewed as a punishment posting to a less than desirable locale.

In matters concerning the higher judiciary,this newspaper has consistently advocated institutional reform while respecting their Lordships calibre and the need to preserve their independence. Even so,the collegiums current decision is deeply worrying. Regardless of Justice Dinakarans guilt or innocence,this we know: the collegium believes enough to hold up his elevation to the Supreme Court,to ask him to go on leave; a district collectors report has found against him and Parliament has launched impeachment proceedings. The judge himself has not been attending the Karnataka high court since the controversy first broke out. To appoint such a man as chief justice of another court while he is being investigated is perplexing. Besides,what confidence will he inspire in litigants appearing before him in Sikkim? Even worse is the location of transfer. There is already a perception that judges are sent to insignificant high courts (such as Sikkim and the Northeast) as punishment postings. Justice Dinakarans transfer will give ammunition to those critics.

That every new step the collegium takes to diffuse the Dinakaran crisis is controversial makes a simple point: there are no mechanisms in place to deal with allegations against judges. The Judges (Standards & Accountability) Bill,which provides for graded punishment apart from impeachment,is sorely required,and it is hoped that the bill is enacted soon. Meanwhile,every new turn in the Dinakaran affair casts harsh light on the judicial self-selection and never-been-done-before punishment mechanisms. Reform is the only way out.