CJI to probe charges against Dinakaran

NEW DELHI: With higher judiciary coming under attack for its failure to check deviants in its ranks, Chief Justice of India KG Balakrishnan has initiated a probe into the allegations of corruption and amassing of property against Karnataka Chief Justice PD Dinakaran. The Karnataka CJ is among the five High Court judges who have been recommended for elevation to the apex court.

This is the first time that a probe has been instituted against a High Court judge after the Supreme Court Collegium made its recommendation. But this will not be a formal probe as such allegations are usually inquired into by a panel of judges.

Sources said the CJI will be looking into the charges of Dinakaran acquiring land in excess of the ceiling in force in Tamil Nadu. He will also probe whether there has been any encroachment of public land by the judge.

"The findings of the CJI's investigations will be placed before the collegium," sources said. This means that Justice Dinakaran will continue to stay in Karnataka till the SC collegium takes a call on the probe report.

The collegium had last month cleared the names of Justice Dinakaran, Madhya Pradesh High Court chief justice AK Patnaik, Punjab and Haryana CJ TS Thakur, Calcutta HC CJ SS Nijjar and Gujarat High Court CJ KS Radhakrishnan for elevation to the Supreme Court.

This recommendation is pending with the Centre. It is not clear whether the Dinakaran controversy would delay the elevation of other four judges. The Centre is yet to indicate its plan of action.
The legal fraternity was outraged when Dinakaran's name was cleared by the SC collegium. Justice Dinakaran had met the CJI to explain his side of the story. But the public outcry forced the SC collegium, which met subsequently, to delay a decision.

Senior lawyers had written letters to President Pratibha Patil and Prime Minister Manmohan Singh seeking a probe into the allegations against Justice Dinakaran before notifying his appointment to Supreme Court.

"The consequences will be far more serious if a person lacking integrity is appointed as a Supreme Court Judge than delaying the appointment of a person against whom the charges may not be eventually established," they had said in the letter.