New Delhi:
How do you solve a problem like Justice Dinakaran? It may not be as catchy as the Sound of Music song, but the allegedly corrupt and evidently stubborn judge, once recommended for promotion to the Supreme Court, is as big a conundrum to his fellow judges as Maria was to a group of nuns with a penchant for singing in the Alps.
Not entirely sure what to do with him, the Supreme Court collegiums of judges, which is like a politburo, decided to transfer PD Dinakaran from the Karnataka High Court, where he was till recently the Chief Justice, to the Sikkim High Court. A decision that has Sikkim's lawyers furious. "We are condemning Justice Dinakaran's appointment. If he comes here we will boycott the oath ceremony," says Bhaskar Rajpradhan , the General Secretary of the Sikkim Bar Association.
Last year, Dinakaran was among five judges recommended to the government by the collegium for a promotion to the Supreme Court. Allegations of corruption and the illegal acquisition of land by Dinakaran and his family in Tamil Nadu led to the recommendation being cancelled. Lawyers in Karnataka threatened to boycott any trial where Dinakran was presiding. (
Read: Justice Dinakaran asked to go on leave)
While the inquiry against him was being completed, the collegium asked Dinanakran to go on a long vacation so that another judge could take over as Acting Chief Justice. Dinakaran, apparently determined not to make this easy for either himself or the collegium, refused to comply.
So the collegium - recommended to the government that he be sent to the Sikkim High Court as its Chief Justice.
On Thursday, Law Minister Veerappa Moily warned, "Speaking to reporters, Moily said, "The hand of law is quite long enough to catch anyone. I don't think Justice Dinarakan is above the law, or he is beyond the reach of the law."
What does emerge from this incident is the helplessness that the government and the collegiums face in disciplining judges.
In December, the Rajya Sabha admitted a motion backed by members of different politicial parties to impeach Dinakaran. A committee was then set up - it includes two judges. If he's found guilty, Dinakaran can be impeached by Parliament.