Chief Justice of India K.G. Balakrishnan on Friday made it clear that P.D. Dinakaran will continue as Chief Justice of the Karnataka High Court and that the Supreme Court collegium had requested the Union government to keep his elevation to the Supreme Court in abeyance pending enquiry.
Asked about the collegium’s decision on Thursday, Justice Balakrishnan told journalists: “There was no question of the collegium recommending elevation of Justice Dinakaran. How can we consider his elevation when the impeachment motion is pending in Parliament? There is no question of bringing him to the Supreme Court at this stage. We are requesting the government to keep the recommendation in abeyance till the enquiry.”
Asked whether he would advise Justice Dinakaran not to take up any judicial work or he would advise him to go on leave, Justice Balakrishnan said: “How can I give any such advice. High Courts are not under the supervisory control of the CJI. Justice Dinakaran himself thought it fit not to sit in the court to take up judicial work in the last few days.”
To a query about the demand of Karnataka lawyers that Justice Dinakaran should be transferred, the CJI said, “now that Justice Dinakaran is not exercising any judicial work, they should feel happy.”
Asked whether the collegium would still consider his transfer to any other High Court, the CJI said: “that option is there. But for the moment we are not doing anything. He will continue.”
Impeachment proceedings
On the impeachment proceedings, the CJI said: “I have nothing to do with that. So far I have not received any communication from the Chairman of the Rajya Sabha in this regard. Though there was no requirement that I [the CJI] should be consulted, out of courtesy, the CJI is consulted for nominating a Supreme Court judge and one High Court Chief Justice for the enquiry.”
Asked about Justice Dinakaran denying the allegations in a television interview, he said: “Let him prove his innocence in the enquiry.”
Return of file
On the government returning the file of Chief Justice of the Allahabad High Court C.K. Prasad for elevation to the Supreme Court, the CJI said: “I was informed that the file is being returned. I have not seen it. We will have to see what is the clarification sought then we will reply.”
Asked why no woman judge was being appointed to the Supreme Court, the CJI said “there are reasons which I cannot divulge. I cannot bring down the reputation of a Chief Justice [woman] by giving the reasons. Normally we won’t do that. There are six or seven judges who are now eligible for appointment to the Supreme Court.”
