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Updated: August 12, 2011 02:54 IST

Dinakaran seeks to withdraw his resignation

J. Venkatesan
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Justice P.D Dinakaran. File Photo: K.V. Srinivasan
Justice P.D Dinakaran. File Photo: K.V. Srinivasan

Justice P.D. Dinakaran, who had resigned as Chief Justice of the Sikkim High Court on July 29, has written a letter three days ago to the Union Law Ministry seeking permission to withdraw his resignation.

Justice Dinakaran, who will attain the age of superannuation in May 2012, sent his resignation letter to President Pratibha Patil alleging that he was being targeted as he belonged to the lower caste and “the system does not grant him any support.”

Law Ministry sources told The Hindu that the President, before acting on the letter, forwarded it to the Ministry seeking clarification whether Justice Dinakaran was being targeted since he was a Dalit as alleged by him.

The Ministry, according to sources, denied the allegation and informed the President that removal proceedings had been initiated against Justice Dinakaran on the basis of a motion admitted in the Rajya Sabha and there was no truth that anything was being done because he was a Dalit Christian.

The Ministry also quoted Supreme Court rulings to drive home the point that the resignation of a High Court judge would come into immediate effect the moment the resignation was tendered in writing by the judge concerned unless there was a specific request that the resignation could be accepted prospectively and before that date the resignation was sought to be withdrawn.

Forum's appeal

Meanwhile, the Chennai-based Forum for Judicial Accountability has written to the probe panel headed by Supreme Court Judge Aftab Alam that the removal proceedings against Justice Dinakaran should continue notwithstanding his resignation. The panel is yet to take a decision whether or not to close the proceedings as it was waiting for official communication on his resignation and any further information from the Rajya Sabha Chairman in this regard.

In his resignation letter, Justice Dinakaran reportedly said: “I have a sinking suspicion that my misfortune was because of my circumstances of my birth in the socially oppressed and underprivileged society. Integrity of members of these communities who attain high office is always baselessly questioned through innuendo, searing and spreading of false rumours while the privileged are treated by the vested interests as embodiment of all virtues.”

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The standard alibi of all the persons caught redhanded is that he was being victimised because he is a dalit or belongs to certain community or caste. Classic examples: Azaruddin - match fixing- he is victimised because he belongs to a certain community; Karunanidhi's defence of A. Raja - he is being victimised because he is from dalit community; and now it is Justice Dinakaran - he is being victimised because he belongs to dalit community. He never protested about the victimisation anytime. Is that any excuse for his usurping public lands or withdrawal of his resignation? His resignation should be accepted and impeachment proceedings in Parliament should be continued neverthless.Indian citizens are fed up of curruption, open grab,loot and plunder of the taxpayers by the despiceable politicians, public servants and other unscrupulos elements.

from:  narayan
Posted on: Aug 12, 2011 at 16:46 IST

That is why we need an independent authority to deal with these kind of cases. Otherwise, the president or the parliament will not take action and still the 'justice'dinakaran is producing judgements. How pity is this. In one end he is facing impeachment and the parliament is too lazy to do it, the other end his brother judges want immunity from lokpal. Isn't it an irony? That is why we need Jan Lokpal...

from:  Amarnath A
Posted on: Aug 12, 2011 at 15:01 IST

Mr.Dinakaran has to go out of the judiciary as he is a affront to the hallowed institution,a person who calls himself a Christian but who walks in the path of evil usurping public lands and hugs corruption can't cry wolf and hide behind the veil of supposed discrimination based on his caste status,his case has to be closed and disposed off quickly before he comes up with some other imaginary excuse to stay in power to dispense lopsided judgements.

from:  Paul
Posted on: Aug 12, 2011 at 10:38 IST

Pray, What is the reason given for the withdrawl of resignation?

from:  simhan
Posted on: Aug 12, 2011 at 10:03 IST

He himself has given a resignation request on 29 july..Use it and throw him out..Why continue with people even with an iota of suspicion on their character? Mere suspicion erodes credibility on judiciary and the judge, taken either way.

from:  Srinivasan Bhargavan
Posted on: Aug 12, 2011 at 07:32 IST

He has second thoughts that moving away from post will make him single without any support from judiciary.

from:  Anand Rao. V
Posted on: Aug 12, 2011 at 06:19 IST

He has been a Chief Justice of Two states,apart from his earlier experience in Judiciary.He has delivered several Judgments from the August seat,we believe is based on Laws of the Land.But he alone knows the truth.When several layers of the Administration/elected representatives of the people have found the matter of his conduct suitable for an enquiry,bringing in the 'caste' card,sounds like the voice of a seasoned politician? who woke up late?

from:  Kandasamy Koomarasamy
Posted on: Aug 12, 2011 at 05:59 IST

For one who was the Chief Justice of a High Court and who had tendered his resignation, while impeachment proceedings were on,now to seek to withdraw his resignation and also allege that he was being targeted because of his caste,is not only a travesty of all that is considered fair and equitable but also reprehensible and despicable.It is rather strange that the report of the Survey of India as to whether there had been any encroachment of land by the Hon.Judge as charged by the collector of the district,still remains a secret document.That alone should be more than adequate to decide the issue.

from:  Raj Kumar
Posted on: Aug 12, 2011 at 03:53 IST

People like Dinakaran-I purposely avoided the pre-fix"justice"because he doesn't deserve it-should be weeded out of of our Judiciary at the ealiest.His plea that he is being targetted because he is a dalit is preposterous to say the least

from:  Raghunathan Kummaya
Posted on: Aug 12, 2011 at 03:11 IST

Could this be expected from a senior chief justice of a state highcourt?Appears to be one more delaying tactics.

from:  kothandaraman.
Posted on: Aug 12, 2011 at 02:24 IST

I thought the reasons he gave for resigning were true, just and understandable, but couldn't understand why he wants to come back. This reduces his credibility and will make him more vulnerable.

from:  Prashanth
Posted on: Aug 12, 2011 at 01:07 IST
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