A bench of Justices G S Singhvi and C K Prasad also did not find any merit in his contention that the Inquiry Committee set up under the Judges (Inquiry) Act has no power to conduct preliminary inquiry against him and appoint an advocate for its assistance.
“The Judge against whom the investigation is made is entitled to seek assistance of an advocate and there is no likelihood of any prejudice being suffered by him if the Committee seeks assistance of an advocate for effectively discharging the functions entrusted to it under the Act,” the bench said in its 37-page verdict.
Justice Dinakaran had resigned on July 29, supposedly to avoid the impeachment proceedings. In his petition, he contended the three-member Inquiry Committee had exceeded its jurisdiction by framing 14 charges on the basis of fresh complaints whereas there were only 12 charges at the time when the motion was introduced in Parliament.
The former judge, who faces various charges including amassing disproportionate wealth and judicial misconduct, had alleged the fresh charges were “ultra vires”.
