75 Rajya Sabha members move petition for Dinakaran's impeachment

The first step for initiating impeachment against Karnataka chief justice PD Dinakaran, facing allegations of land grab, was today taken by a group of 75 members of the Rajya Sabha, who presented a petition to House chairman and vice president Hamid Ansari.

The MPs belonging to BJP, Left parties, Samajwadi Party, Janata Dal (United), Akali Dal and AIADMK submitted the petition to Ansari seeking impeachment of justice Dinakaran, whose elevation to the supreme court has already been put on
hold following allegations of grabbing of land by him and his family members near Chennai.

"A notice of the Motion signed by 75 members of Rajya Sabha under Judges (Enquiry) Act, 1968 for removal of justice PD Dinakaran, was presented to the chairman Rajya Sabha today.

"The matter is being examined as per the provisions of the Act and the rules framed thereunder," a press release issued by the Rajya Sabha Secretariat said.

Under the Constitution, judges of supreme court and high court can be removed only through impeachment in Parliament.

An impeachment process against a supreme court judge, justice V Ramaswamy in the early nineties fell through when the  motion was not carried in the Lok Sabha. Asked about the stand of the government on the impeachment petition against justice Dinakaran, Union law minister M Veerappa Moily said, "I have not seen the petition. We do not discuss matters pertaining to the appointments in the higher judiciary".

Senior CPI(M) leader Sitaram Yechury told reporters that the MPs moved the petition in exercise of their Constitutional right as there was a "strong case" with the government returning the recommendation of the supreme court collegium for justice Dinakaran's elevation to the apex court.

Leader of Opposition in the Upper House, Arun Jaitley said that justice Dinakaran should not continue. If the motion is admitted, a three-member committee comprising a supreme court judge, a high court chief justice and a jurist would be
set up to go into the issue, he said.

Asked whether Congress members had also signed the petition, he said if the Congress members wanted to join, they are welcome.

Samajwadi Party leader Amar Singh asked how could a chief justice of a high court function if he is not eligible to become a Supreme Court judge.

After media reports on the allegations against justice Dinakaran, the supreme court collegium, which had mooted his elevation to the apex court, put it on hold. It also asked the government to probe the allegations against the backdrop
of reports filed by the revenue authorities in Tamil Nadu.

The government threw the ball back into the supreme court rejecting the request for any further probe. The collegium is yet to take a final decision.

Top jurists like FS Nariman have objected to his elevation accusing him of judicial impropriety.