Dinakaran can perform judicial work in Sikkim

NEW DELHI: Karnataka High Court Chief Justice P.D. Dinakaran, who has not been performing judicial work, will take up regular hearing of cases on his transfer as Chief Justice of the Sikkim High Court.

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, and the consequences that would follow if the earlier recommendation to shift the acting Chief Justice of the Delhi High Court, Madan B. Lokur, to the Karnataka High Court was acted upon.

According to highly placed sources, it was felt that even if Justice Dinakaran went on leave for the time being, the possibility of his cancelling the leave after some time could not be ruled out. In that event, Justice Lokur would have had to face a piquant situation. Further, if Justice Lokur continued as acting Chief Justice for a long period, it would not be counted for the purpose of seniority among Chief Justices of High Courts.

After weighing the pros and cons, the collegium is understood to have reconsidered its earlier decision; instead Justice Dinakaran is now being shifted to the Sikkim High Court as Chief Justice. The sources said that since only very few cases were being heard in that court, it was felt that Justice Dinakaran could be given judicial work there.

As a result, Justice Lokur will now be appointed as Chief Justice of the Karnataka High Court. Chief Justice of the Jammu and Kashmir High Court Barin Ghosh, who has been asked to assume office as Chief Justice of Sikkim on or before April 13, will wait for a new posting.

After the Rajya Sabha Chairman Hamid Ansari admitted a motion seeking Justice Dinakaran's removal in respect of certain charges, including corruption, land grabbing and abuse of judicial office, he has not been coming to court and performing judicial work since December last. It was on April 1 that the collegium asked him to go on leave to pave the way for the appointment of Justice Lokur in his place.