The country may soon witness a second impeachment motion against a sitting judge.
At least 66 Rajya Sabha (RS) members have signed a memorandum addressed to the chairman of the House seeking the removal of Karnataka high court chief justice PD Dinakaran under article 217(b) of the Constitution that’s equivalent to 124(4) meant for a delinquent Supreme Court (SC) judge.
It says: “A judge of the high court shall not be removed from his office except by an order of the president passed after an address by each House of parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehaviour or incapacity.”
Since the memorandum will be moved in RS, the question of its dissolution doesn’t arise.
After receiving the memorandum by Wednesday, chairman Hamid Ansari will set up a three-member panel headed by an SC judge to probe the charges made by the MPs.
The judge concerned is entitled to a lawyer to defend him, as SC justice V Ramaswami (1991) had tried to rubbish the charges against him through his counsel.
In case the committee finds Dinakaran guilty of proven misconduct, the chairman would allow a debate on its report in the House and finally, put it to vote.
MPs belonging to the CPI(M), BJP and the JD(U), in particular, have been vocal against corruption in judiciary and all favour the memorandum.
