JOIN USRefuting reports in a section of the media, Justice Balakrishnan said: “(There’s) no question of bringing him in at this stage; it (his name) has been kept in abeyance.”
The process of Justice Dinakaran’s elevation is pending as the Rajya Sabha has started an impeachment motion over the allegations levelled by the legal fraternity and some bar associations against him.
With the commencement of the impeachment motion, there will be a proper probe on the charges submitted to the government by various lawyers’ bodies, the CJI said.
On reports that Dinakaran’s name had been dropped, he said: “His name has not been dropped, but we are not considering his elevation at this stage.’’
However, Justice Balakrishnan also clarified that Dinakaran would not be transferred out of Karnataka as he was not performing any judicial work.
“In view of his withdrawal from judicial work as demanded by various lawyers’ associations in Karnataka, they must (lawyers) be satisfied,’’ he said.
He added the collegium was not considering transferring Dinakaran out of Karnataka at this juncture.
The Supreme Court collegium alone can transfer him from the Karnataka HC to another high court, but it could not take any administrative decision with regard to a high court in the country.
Asked about the vacancy in the Supreme Court if Dinakaran was discharged of the charges, the CJI said: “There would be a vacancy next month. Another would be when I retire in May 2010.’’
On the impeachment motion moved by the Rajya Sabha, he said the judiciary has no role to play in it.