Justice Dinakaran & The Secret Collegium

The elevation of Hon'ble Justice P D Dinakaran has been kept on hold by the collegium.  The decision of the  collegium will be communicated to the Ministry of Law, where the file relating to the elevation of Justice Dinakaran along with four High Court judges is pending and the Ministry would proceed with the appointment of other four judges to the Supreme Court whose names have been cleared by the collegium. 

But will Justice Dinakaran continue as the CJ of the High Court?? Will he continue to hear matters and decide matters?? If he does so does the rules of judicial integrity allow it. The answer is an affirmative no. I do not question the involvement of Justice Dinakaran in the scandals but due to this issue the credibility of the Judiciary is going down each day. In order to reinstate that credibility in the minds of people, isn't it necessary that he should stay away from the Court and clear the way for a proper investigation and return back with clean hands, if his hand are clean !!!

The collegium has always been silent on the issue. It has never ever communicated its decisions to the open Court or made any statement so far. In the famous Justice Ramaswami's case Chief Justice of India Sabyasachi Mukharji asked Justice Ramaswami to abstain from the proceedings and hence He went on leave.

As Senior Advocate Anil Diwan says "Chief Justice of India Sabyasachi Mukharji’s advice to Justice Ramaswami to desist from discharging judicial functions so long as investigations continued is worthy of emulation." (http://www.hindu.com/2009/10/21/stories/2009102155680800.htm) 

I remember what Hon'ble  Justice Khanna wrote in the conclusion of his Making of India's constitution:

"If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people. Imbecility of men, history teaches us, always invites the impudence of power."