Author: PTI
Publication: The Pioneer
Date: May 31, 2011
URL: http://www.dailypioneer.com/342451/Further-probe-against-Dinakaran-justified-Centre-tells-SC.html
The Centre today told Supreme Court that the
Rajya Sabha-appointed panel can carry out further probe and frame definite
charges against Sikkim Chief Justice P D Dinakaran who is facing allegations
of corrupt practices and misconduct.
Brushing aside protests from Justice Dinkaran's
counsel that the Union Government should not show any interest in the proceedings,
Additional Solicitor General P P Malhotra said the panel is empowered to go
beyond the original charges against the judge.
Quoting section 3 of the Judges Inquiry Act,
Malhotra told a bench of justices G S Singhvi and C K Prasad, "The information
at the time of the notice of motion may be vague.
It is a serious matter and you are going into
the conduct of the judge. Definite charges can be framed only after collection
of further materials and verifying evidence."
Former Additional Solicitor General Amarender
Sharan on behalf of Justice Dinkaran objected to the Centre's intervention
on the ground that it "should not have any interest" in the issue.
However, the bench told the counsel that Malhotra
was assisting the court hence the objection could not be sustained.
The ASG told the bench that collection of
evidence was part of investigation and once definite charges are framed the
judge can approach the committee to clarify his position.
"The collection of materials is to determine
whether the charges are factually correct or incorrect,"
Earlier, senior counsel U U Lalit appearing
for the panel, alleged that Justice Dinakaran had purchased over 248 acres
of land in Kaveripalyem in Kanchipuram district where there is no scope for
agricultural or groundnut production.
Yet, he said, Justice Dinakaran had claimed
a monthly income of Rs three lakh from the lands by way of income from groundnut
and agricultural production in support of the undisclosed bank balance of
Rs 1.48 crore.
"He was masquerading agricultural income
as a source though there was no scope for production of groundnut or agricultural
products," Lalit said.
Lalit said the committee could not get sufficient
material to substantiate the allegation that the judge had spent several crores
of rupees for an extravagant display of his daughter's marriage.
"This is the area where there is some
refinement from the committee which had dropped the charges," the counsel
said.
Lalit said the committee had collected material
in support of the charge that Justice Dinakaran had undervalued his property
and had purchased the same through black money.
Justice Dinkaran had moved the Supreme Court
on two grounds contending that the panel had exceeded its jurisdiction by
framing 14 charges on the basis of fresh complaints whereas, there were only
12 charges at the time when the motion was introduced in Parliament.
He has also sought recusal of senior advocate
P P Rao from the panel on the ground that the latter was biased against him
as he was part of a delegation which met the then Chief Justice of India K
G Balakrishnan to oppose his elevation.
It was argued that the committee should restrict
itself to the original 12 charges instead of inviting further complaints from
various persons, which was not permissible under the law, the counsel argued.
The apex court had on April 29 stayed the
probe by the Rajya Sabha-appointed panel after Dinakaran expressed apprehension
of a biased inquiry by it in view of Rao's presence in the panel and the committee
had exceeded its jurisdiction.
