Khehar tipped to be Karnataka CJ

Justice Lokur has expressed unwillingness to take up the job

Sources said that acting Chief Justice of the Delhi High Court Madan B Lokur, who was asked by the collegium to move in the same position in Karnataka, was unwilling to go to the State.

There is speculation that he may now be moved as Chief Justice of Gauhati High Court.
At a late night meeting on Thursday, the Supreme Court collegium decided to shift Justice Dinakaran to the Sikkim High Court.

The government finds itself in a piquant situation with Dinakaran adopting a defiant attitude. Senior advocate Shanti Bhushan had said that unless Dinakaran vacated the post, a new person could not take charge.

Legal experts said once the government accepts the collegium’s recommendation and transfers him, Dinakaran’s continuation in the Karnataka High Court will become untenable.

Sources said that one of the members of the collegium had tried to persuade Dinakaran to abide by the advice of the collegium.

Dinakaran to Sikkim

The Sikkim High Court Bar Association on Friday said it would oppose the decision of the collegium to appoint Dinakaran as Chief Justice of the Sikkim High Court.

Sikkim Bar Association President D R Thapa said in Gangtok that the association’s opposition would be conveyed to President Pratibha Patil, Chief Justice of India K G Balakrishnan and Union Law Minister M Veerappa Moily.

“We condemn the collegium’s decision. Sikkim has been undermined. The Bar council has decided that nobody will appear in Justice Dinakaran’s court and everyone will boycott his oath-taking ceremony,” said Advocate Bhaskar Rajpradhan, secretary of the Sikkim Bar Association.

“When a judge is not performing judicial work in one high court, why should he be sent to another,” he asked.

The collegium decision was violative of Articles 222 and 223 of the Constitution which deal with transfer and appointment of judges to various high courts, said Rajpradhan.

Notification

The proposal to transfer Justice Dinakaran to Sikkim has been sent to the Union law ministry for approval of the president, said a Supreme Court source. The notification is expected to be issued on Monday.

The decision to shift Dinakaran to Sikkim was taken by the Supreme Court collegium headed by Chief Justice Balakrishnan, Justices S H Kapadia, R V Raveendran and Dalveer Bhandari after he refused to go on leave as advised on April 1.

Earlier this month, Jammu and Kashmir High Court Chief Justice Barin Ghosh had been asked to assume office as Chief Justice of the Sikkim High Court this month. He will be moved to another state.