The Campaign for Judicial Accountability and Reform (CJAR) and the Forum for Judicial Accountability (FJA) on Monday circulated to Congress president Sonia Gandhi and leaders of the BJP, CPI(M) and the JD(U) a copy of the motion for impeachment of the Karnataka High Court Chief Justice P.D. Dinakaran for his alleged acts of misdemeanour and corruption.
The letter sent by CJAR convener Prashant Bhushan thanked Ms. Gandhi for urging the government to reject the recommendation for Justice Dinakaran’s appointment to the Supreme Court.
It said: “However, his continuance as the Chief Justice of Karnataka is a shame. Apart from other misdemeanours and acts of corruption and acquisition of disproportionate wealth, he has played a major role in helping the mining mafia of the Reddy brothers to continue with rampant illegal mining.”
Enclosing the copy of the impeachment motion and the explanatory note, the letter said: “The charges against Justice Dinakaran are many. They are very serious and supported with unimpeachable documentary evidence. I am aware that Justice Dinakaran has been going around claiming that he is being targeted because he is a Dalit Christian. Nothing could be more absurd than that. We have always advocated the cause of Dalits and we are fighting for the inclusion of Dalit Christians among Scheduled Castes in the Supreme Court.
“We hope and trust that this time the impeachment issue will not be politicised and that all parties will unite to remove this blot on the judiciary. I therefore request you to get the motion signed by MPs of the Congress in the Rajya Sabha.”
Besides Ms. Gandhi, the motion addressed by convener Prashant Bhushan was sent to CPI(M) general secretary Prakash Karat; Opposition leader in the Rajya Sabha Arun Jaitley (BJP) and JD(U) president Sharad Yadav.
The motion, prepared by advocate Vaigai of FJA, under Article 217 of the Constitution read with Article 124 (4) of the Constitution says: “This House resolves that an address be presented to the President for the removal of Mr. Justice Paul Daniel Dinakaran, also known as Mr. Justice Paul Daniel Dinakaran Premkumar, from the office of Chief Justice of the Karnataka High Court for his following acts of misbehaviour, viz., possessing wealth disproportionate to known sources of income; unlawfully securing five Housing Board plots, in favour of his wife and two daughters; entering into Benami transactions prohibited and punishable under the Benami Transactions (Prohibition) Act, 1988; acquiring and possessing agricultural holdings beyond ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961; illegal encroachment on Government and public property to deprive Dalits and the poor of their right to livelihood; violation of the human rights of Dalits and the poor; destruction of evidence during official enquiry; obstructing public servant on duty.
“Bad example”
The letter said: “The judiciary is the conscience-keeper of our constitutional values. It is only an impartial and fair judiciary that keeps the faith of India’s millions in the system of justice and the Rule of Law. The conduct of Justice P.D. Dinakaran has most certainly shaken that faith. Being the head of the judiciary in the State, Justice P.D. Dinakaran has set a bad example for the rest of the judiciary. His acts constitute serious misbehaviour and call for his immediate removal from judicial office.”
