SC to hear Justice Dinakarans plea tomorrow
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 P P Rao in the panel and posted the matter for hearing before a vacation court.
It had asked the three-member panel headed by Justice Aftab Alam of the Supreme Court to respond to the plea by Justice Dinakaran seeking recusal of Rao from the panel.
Besides Justice Alam and Rao, the third member of the panel is Karnataka High Court Chief Justice J S Khehar.
Justice Dinakaran, 61, has pleaded that Rao along with other lawyers had campaigned against his elevation to the Supreme Court which was later put on hold.
He said that Rao was part of a delegation of lawyers, which had met the previous Chief Justice of India K G Balakrishnan in 2009 to oppose his elevation to the apex court.
The inclusion of Rao in the probe-panel indicates the possibility of bias in probe against him, he said.
Justice Dinakaran, in his petition said, "If there is reasonable likelihood of bias it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done."
The judge has contended that the decision of the panel rejecting his plea for recusal of Rao was in violation of natural justice.
"The impugned order passed by the Judges Inquiry Committee allowing a biased member to continue to serve as a member of the committee is hit by the principles of natural justice and, hence, violative of Article 14 of the Constitution," he said.
He pleaded that the apex court should quash the order passed by the panel on the issue of Rao`s recusal.
The panel, appointed by Rajya Sabha chairperson Hamid Ansari after the House initiated impeachment motion against Justice Dinakaran, had asked him to respond to 16 charges framed against him.
The charges included 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. .
Justice Dinakaran is also facing charges 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 TN Land Reforms Act 1961, destruction of evidence, undervaluation of sale agreements, evasion of stamp duty and illegal constructions.
He 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.
Justice Dinakaran has refuted the allegations against him.
The panel had on April 24 rejected his plea against Rao saying the objection should have been raised at the start of the proceedings. Rao did not participate in the meeting when this application was discussed.
The panel had also rejected his plea of staying the proceedings till he is supplied with all documents in the case.
The charges against Justice Dinakaran, who is due to retire on May 9, 2012, were levelled when he was Chief Justice of the Karnataka High Court. He was subsequently transferred to the Sikkim High Court.
According to the judge, the panel is acting in contravention of Article 124 and 121 by raking up personal issues against him and his family members although the said constitutional provisions expressly barred any such reference of a high court or Supreme Court judge`s personal life.