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Updated: October 23, 2009 21:39 IST

Forum: Let CBI register FIR against Dinakaran

Legal Correspondent
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Justice P.D. Dinakaran.
The Hindu
Justice P.D. Dinakaran.

The Forum for Judicial Accountability on Friday demanded that the Central Bureau of Investigation register the First Information Report against Karnataka High Court Chief Justice P.D. Dinakaran under the Prevention of Corruption Act and other relevant laws to probe allegations of acquisitions of property and improper judicial conduct.

In its fourth representation submitted to Chief Justice of India K.G. Balakrishnan and other judges in the Supreme Court collegium, the Forum said: “Further to our earlier representations, information about acquisition of more properties by and improper judicial conduct of Mr. Justice Dinakaran in another case has come to our knowledge.”

It said: “The information so far provided by us, coupled with the report submitted by the Collector, Tiruvallur District [in Tamil Nadu], as widely reported in newspapers, shows that Justice Dinakaran is guilty of not only judicial misconduct but also of various offences under criminal laws, including the Prevention of Corruption Act, 1947. Mr. Justice Dinakaran’s continuation in the judicial system jeopardises the integrity of the entire judicial system and in order to prevent any further damage, the precedent laid down by the Supreme Court in the case of Justice V. Ramaswami ought to be followed and Mr. Justice Dinakaran should not be permitted to function now.”

The Forum said: “We are convinced that the information forwarded by us regarding Justice Dinakaran’s actions while holding office as judge of a High Court is sufficiently supported by documents furnished so far. The [alleged] acts of appropriating public property, amassing assets disproportionate to the known sources of [his] income and the questionable judicial orders showing bias and mala fides are of such gravity that they cannot brook any further delay in setting the regular course of criminal investigation in motion and immediate attachment of his assets.

“When any officer high or low in the executive commits any offence, it is the administrative head or the police who initiate action for setting the process of criminal investigation and prosecution in motion. The Supreme Court, in order to protect the independence of the judiciary, has held in the [case of] ‘K. Veeraswami vs. Union of India’ that it is the Chief Justice of India, who has to ultimately sanction registration of an FIR and investigation against a judge in the higher judiciary. In keeping with the high principle of judicial independence, the Supreme Court, as the highest judicial forum, may call for a criminal investigation and consequent action against Mr. Justice Dinakaran.”

While seeking registration of the FIR, the Forum said that based on the result of the investigation, the CBI might be directed to obtain sanction from the President in consultation with the CJI to prosecute Mr. Justice Dinakaran; advise him to go on leave and not to discharge functions as a judge; initiate immediate action for his removal from the office of Chief Justice of the High Court and direct immediate attachment of his assets and ensure that evidence was not tampered with, pending investigation and appropriate action.





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