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. 

Records of the Collegium

Well recently four more judges have been inducted into our Apex Court, the most powerful Apex Court world has ever seen !!! The collegium system which has been in existence for more than a decade, a creation of the judicial amendment of the Constitution, has drawn criticism from various corners. I do not wish to go into much complex issues; but i just want to high light one fact.

One of the most interesting fact about the collegium is that it maintains no record of its proceedings. This is something which has been left unquestioned; though there is no point in questioning !! The Apex Court is a Court of record. This is very well known to all of us. The irony is that the collegium maintains no record of its proceedings. Dont the people have a right to know how judges of the Apex Court are appointed or is it only at the pleasure of the collegium?? The answer would definitely be that the people have a right to know. I have mentioned in one of my earlier posts; that in South Africa; even during the selection process, public debates are held on the suggested appointments. In India the common man wonders rather even the legal fraternity wonders how the judges are appointed !!!