Transfer of Justice Dinakaran to Sikkim- A Judicial Kalapani ?

The Supreme Court collegium comprising Chief Justice of India K.G. Balakrishnan, Justice S.H. Kapadia, Altamas Kabir, R.V. Raveendran and Dalveer Bhandari took the decision to transfer Justice Dinakaran after taking into consideration his defiant attitude refusing to abide by the advise to go on leave. This seems to be really awkward. If he is unfit for the post in Karnataka how can he be fit to do the same in Sikkim?? If the CJI cannot force a Chief Justice of a High Court to go on compulsory leave; to pave way for an enquiry; then what is the power of the CJI?

Why should Sikkim have to put up with someone who's considered unfit to serve anywhere else. Is it a judicial "KALAPANI?" And why is this considered a solution for the "piquant" situation - doesn't the law of the land hold true in the whole country. Are the citizens of Karnataka or Delhi more deserving of justice? One of the reason for the collegium's present decision is that only very few cases were being heard in that court, it was felt that Justice Dinakaran could be given judicial work there. What is the logic behind this reasoning? Does it really make any sense? The answer is a big "No" ! 

The Indian Judiciary is going to a point from where it can be hardly saved. This would pave way for a revolution. Instead of correcting its mistakes; its going from one to another. The people have lost faith in the system absolutely. 

2 comments: (+add yours?)

Rangers said...

Hi.. jst read the post would like to add something... today while goin through Hindu i happened to read an article written by renowned jurist and a former judge of the Supreme Court Shri V.R. Krishna Iyer who in his artcle expressed his grief towards the transfer of Justice Dinakaran to Sikkim High Court. He said that it was a very unfortunate state of affair wherein a person who was not elevated to the highest bench in India due to corruption charges has been sent to the Sikkim high Court. Secondaly, he also spoke about the aspect of contempt of court by observing that Justice Dinakaran in rejecting the order or what should i say "request" of the collegiam of the Supreme Court to go on leave in a way ought to have committed contempt of court, it really shows the sad state of affairs in higher Judicial Offices in India and this event really shows the weekness of the collegiam of the Supreme (not to forget the collegiam consist of three Senior most judges of Supreme Court including the Chief Justice).

Raghul Sudheesh said...

Thank you for the valuable inputs.

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