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Dinakaran may face transfer

PM backs cancellation of CJs elevation to SC
Last Updated 05 December 2009, 19:39 IST
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The Union Law Ministry returned the file to CJI K G Balakrishnan with a note requesting the government to institute a probe on the allegation of land grabbing against Dinakaran and his family members.

The sum and substance of the Law Ministry’s action is that now Justice Balakrishnan would recommend to the government that Justice Dinakaran be transferred as chief justice of any other high court since it would not involve demoting or removing him without an impeachment motion in Parliament, the procedure laid down in the Constitution, the source added.

It is learnt that before returning the file to the CJI, it was sent to Prime Minister Manmohan Singh who also favoured dropping Dinakaran’s name in the interest of the highest principles of an independent judiciary.

The Law Ministry in its report said that it did not want to conduct a probe after examining the material received from the CJI, representations from various lawyers’ associations and a report from the Intelligence Bureau (IB).

Considering the sequence of events, the reports sent by the Thiruvallur district collector, the IB report on encroachment and the confirmation of the conversation Justice Dinakaran had with the Tamil Nadu revenue department officials on the day of the removal of fencing along the controversial plot, it was construed that there were elements of truth in those allegations, said the report sent to the CJI by the ministry.
The IB also confirmed the district collector’s findings.

However, the Survey of India is yet to submit its report, which the CJI sought, to the Supreme Court collegium.

Last week, a delegation of the Advocates’ Association, Bangalore, met the CJI and the collegium members demanding the transfer of Justice Dinakaran from the Karnataka High Court.

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(Published 05 December 2009, 19:38 IST)

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