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Govt rejects SC collegium's move to elevate Dinakaran

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Agencies

Posted: Dec 05, 2009 at 1229 hrs IST

New Delhi Ending weeks of uncertainty, Government has rejected the Supreme Court collegium's move to elevate to the apex court Karnataka High Court Chief Justice P D Dinakaran in the wake of allegations of land grabbing against him and his family.

Sources in the Law Ministry said that the file recommending the elevation has been returned to the Chief Justice of India K G Balakrishnan with a request to the collegium to reconsider the decision.

Balakrishnan had written to the Law Ministry seeking de-linking of the name of Dinakaran from a list of High Court Chief Justices, recommended for elevation to Supreme Court.

Sources claim that the Law Ministry's decision to return the file came after it found that various probes including those conducted by the Intelligence Bureau and District Collector of Tiruvallur were enough to deny Dinakaran elevation to the Supreme Court.

Government felt that there was no need for any more probe into the issue as requested by the Chief Justice.

A report by Survey of India is yet to be forwarded to the SC Collegium, the sources said. Dinakaran is facing allegations of land grabbing in Kaverirajapuram in Tiruvallur district of Tamil Nadu, a charged denied by him.

It is learnt that the Prime Minister's Office had also referred to the law ministry the media campaign on the issue.

Law Minister Veerappa Moily, when contacted for his comments on the development, said, "I would not like to comment on an issue which deals with the appointment of judges to the higher judiciary. It is not appropriate (to say anything).”

The Law Ministry sent its report to Prime Minister Manmohan Singh, who is understood to have agreed with its perception and wanted the collegium to reconsider its recommendation.

In August this year, the collegium had recommended the name of Dinakaran along with Chief Justices of four other High Courts. While Dinakaran's name was kept on hold while four others were elevated to the Supreme Court recently.

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DINAKARAN EPISODE by B S GANESH BANGALORE on 07 Dec 2009

If Dinakaran were innocent and all group of lawyers are against him, the best thing would have been that he should have taken leave or chosen some other work and ask all lawyers to prove he is accused. This is what many people do. B S GANESH BANGALORE

Collegium to colludeum by S.Sistla on 06 Dec 2009

Strange ways of judicial appointment. The whole episode reflects poor on dignity.Firstly the collegium approach to deciding on such important matters is just abuse of independence. Legal system can't be run like women's clubs.Secondly such appointments should be on invitation not by contest. Dinakaran's ways appear like a clerk seeking promotion. Collegium or colludium?

Ceaser's wife should be above suspicion by Arvind Kumar on 06 Dec 2009

"Lamho ne khata ki hai aur sadiyo ne sazza payee" said Justice As Anand while refreing to wrong elevation of judges while speaking in Patna. Corruption hits at the root of the stability of the republic , more so in the legal delivery system. Our founding fathers understood its importance and therefore rightly placed it as the first objective of our constitution . Appointing competent, honest and people, who have a reputation to be fair, is the need of the hour.A corrupt legal system oppresses the poor the most .Therefore we see such violence like Naxalism which cannot be tackled unless corruption free development comes to people. If we do not wake up , I am afraid there will be no republic in 5 or ten years .India will descend into anarchy or extremism. And may I ask in the Kipling way-Who lives If India dies!?

Govt rejects Sc collegium report by S Ramanathan on 06 Dec 2009

It is becoming increasing clear that judges, advocates, Election commissioners and other constiutional functionaries are above law. They are more equal than the normal petty citizens of India. They have their own standards. SC colleguium has recommended elevation of Justice inspite of serious charges. When there is difficulty in getting the list of assets of Judges published and bring them under RTI there is no more to comment. Caeser's wife. God save India. Do ordinary citizens have right to expose the Judiciary in India.

elevate Dinakaran by Sudheer on 06 Dec 2009

At last justice served, by not CGI or SC Collagium, but by Central Govt! Hope the same yard-stick will be used on allegations on their own ministers. CGI owes an explanation to the district collector for not relying on his report.

God save India by BP on 06 Dec 2009

It is atrocious that the SC collegium woudl recommend a corrupt judge to be elevated to the SC. This shows that the Supreme Court judges themselves must be very corrupt. They are just trying to protect one of the co-conspirators in corruption. Previously, CJSC Balakrishnan fought tooth and nail to prevent listing of the judges' assets on the website. It is so sad that corruption is so widespread and endemic in India. Mayawathi has an unaccounted for asset of over 90,000 crores. Madu khoda stole Rs. 5000 crores. In Tamil Nadu, Karunanidhi, Jayalalitha and all past and present leaders have accumulated vast wealth much beyond their means. Every MP and MLA is worth more than Rs.5 crores. God save India from these unscrupulous thieves who are plundering the wealth of the country.

behaviour of to judges by rajiv on 06 Dec 2009

I must say that during this whole episode, the chief justice of india, prsentation in public, has been very unclear and sometimes dubious. People of india except impeccable performance from our top judges. CJI shoud bring his act together to restore confidence in judiciary. We can all learn from Dr Kalam-- who braught respect to office of president of india.

The Congress believes in Corruption only as corrupts are appointed! by Chinmaya Naidu on 05 Dec 2009

All recommendations made by Balkrisnan CJ and his collegium members should be rejected as they exfacie appear to be dubious,It very strange that Balkrishnan and his collegues despite the adverse report against Dinakarn have been insisting upon Dinakaraj's elevation as one of their collegues!Just like Sonia's Govt the Balkrishnan's Cooleguim wants another corrupt judge to be their collegue>Jai Ho Sonia and now Jai Ho Balkrshnan and his collewguim members for making mockery of Judiuciary,Will Pranab without losing his equilubriam answer this and soi also Chidambaram!

Justice (Dinakaran) atlast ! by Gopal on 05 Dec 2009

The Govt has done the right thing in rejecting the elevation of Dinakaran to the highest court. The full credit for this restoration of credibility of the selection process should go to the press which brought out this issue and the people who (were deprived of their lands)relentlessly fought this out. The shadow of doubt hangs around the Govt of Tamiladu which should have mandated the Dist Collector earlier (not when directed by the SC)to furnish the details of the lands acquired by the judge. Now, Mr Dinakaran should desist from attending to his duties till the landholding issue is resolved and his asset holdings should be probed by a sitting judge of the Supreme Court. If he is found guilty of land grabbing, he should be made to face the law. At last a good job well done !

SC Collegeium's move to elevate HC Judge. by srinivas on 05 Dec 2009

SC move towards elevation of HC Judge is unbelievable. This time Govt., has come to the rescue of safeguarding the sanctity of judicial system. A layman's conscious pricks and why not by the learned Collegeum ?. There are several instances where the Judge's themselves honarably desist from presiding over the bench untill the charges aired /levelled are cleared. I may safely conclude that Judicial system at highest level also not firm in taking decision for their own reasons allowing the matter to be dragged on for months-together.

Govt rejects SC ...... by k p chandra on 05 Dec 2009

This is yet another example of lack of faith and transparency in our system while dealing with an important matter like elevation of Judges to the Supreme Court. While the CJI and his Collegeum should understand that people who are being recommended by the SC Collegeum for elevation to the Apex Court must not only be clean, but should also appear to be clean and no iota of doubt should remain in such matters. It is always better not to elevate a Judge against whom charges are levelled than elevating him and then diluting the entire system. At the most, a case of injustice to an individual may be there, but the whole system will appear credible.

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