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Updated: October 8, 2009 19:54 IST

Decision on elevation of Justice Dinakaran to be based on ‘hard facts’

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Union Minister for Law and Justice, M. Veerappa Moily.
The Hindu Union Minister for Law and Justice, M. Veerappa Moily.

A decision on elevation of Karnataka High Court Chief Justice P D Dinakaran to the Supreme Court will be based on “hard facts and evidence”, Union Law Minister M Veerappa Moily said on Thursday.

“Constitutional authorities will not go by perceptions or impressions and controversies and will go by hard facts and evidence,” Mr. Moily told reporters on Thursday.

He was asked to comment on the controversy surrounding Mr. Justice Dinakaran against whom allegations of corruption were raised after the SC collegium recommended him for elevation to the apex court.

Refusing to get drawn into any controversy over the issue, he said judicial appointments “are not a matter of public debate. These are all done by the constitutional authorities.”

Asked whether the Centre has taken a view on the apex court recommendation, he said the government follows a lot of procedures laid down in the Memorandum of Procedures enacted in 1996.

“The matter is for the Supreme Court collegium and the government to decide ... we will not appoint anybody unless the laid down procedures are followed,” he said.

When asked about who will find the facts and evidence, he said “there are weapons available. None of the constitutional authorities are directed to the ideas to think about what is evidence, what is fact. I don’t think one needs to be taught about that”.

At the same time, the Law Minister observed that “nobody can obstruct the constitutional authority to their own course“.

Mr. Justice Dinakaran, who is facing stiff opposition from the Bar over the collegium’s recommendation for his elevation as a judge of the Supreme Court, had reportedly met the CJI last week and denied all allegations of amassing wealth through unfair means.

Eminent jurists Fali S Nariman, Shanti Bhushan, Ashok Desai, Ram Jethmalani and Anil Divan have suggested that the CJI should reconsider the decision to elevate Mr. Justice Dinakaran to the Supreme Court.

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