Sunday, December 20, 2009

Justice Dinakaran

This is in continuation of posts dated 15th and 25th September. It is unfortunate that the issue lingers on with no immediate solution in sight. There have ofcourse been a few twists and turns pockmarking the Indian judiciary a little more.

Justice Dinakaran has decided not to sit on the judicial Bench. It is not known whether this is his own decision or imposed perhaps from the Supreme Court. However, he continues to attend to his administrative functions. This appears a bit incongruous. Justice D.V.Shylendra Kumar (if a little odd humour is not out of place, he is by no means 'shy' as his actions mentioned here evidence) was disturbed by this and advised the Registrar General of the High Court to announce a meeting of all brother judges to debate the propriety. The Registrar General placed this advice to the Chief Justice Dinakaran for his disposal. Justice Dinakaran suo moto dropped the matter then and there.

Justice DVS Kumar wondered how the Chief Justice could decide on an issue involving himself. He has made public his disapproval and has added for good measure "grace, propriety and good conduct are definitely not the strong points of our Chief Justice". Since Justice Kumar had indicated the time for the meeting to all judges, the meeting did take place. Only 5 judges out of 37 attended the meeting. It is not yet known what transpired during the discussions.

An impeachment motion against Justice Dinakaran has been admitted in the Rajya Sabha. It is likely to be defeated since some political parties will abstain. There are demands that Justice Dinakaran must be given an opportunity to defend himself. One does not know why he is not defending himself apart from making a general statement that events will prove his innocence.

The whole episode shows that the Supreme Court is directionless. If Dinakaran is innocent, who will compensate him for all the mud thrown at him? If he is guilty, is there any hope for the system that allows such people to thrive? Will we ever know the truth?

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