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SC stays probe against Dinakaran
R Sedhuraman
Legal Correspondent

Justice Dinakaran
Justice Dinakaran

New Delhi, April 29 
The Supreme Court today stayed the inquiry being conducted by a Rajya Sabha-appointed panel into charges of corruption and other irregularities against Sikkim High Court Chief Justice PD Dinakaran, observing that “justice should not only be done, but also seen to be done”. A Bench comprising Justices HS Bedi and CK Prasad passed the order on a petition filed by Justice Dinakaran challenging the inclusion of senior advocate PP Rao in the panel.

Senior advocate Amrendra Saran, appearing for Justice Dinakaran, said Rao was a signatory to a November 2009 memorandum submitted to then Chief Justice of India KG Balakrishnan, opposing the proposed elevation of his client to the Supreme Court. This showed Rao was biased against his client.

The SC Bench also issued notice to the inquiry panel, headed by SC Judge Aftab Alam, and Rao, seeking their response within two weeks to Justice Dinakaran’s contentions. The day-to-day inquiry by the three-member panel had begun on April 27. Karnataka HC Chief Justice JS Khehar is the third member of the panel, known as the Judges Inquiry Committee.

The Judges clarified that the next hearing would be held by the summer vacation Bench.Justice Dinakaran has also challenged the panel framing several charges against him that went beyond the allegations mentioned in the Rajya Sabha notice of impeachment for his removal and the material supplied to him.

Among the charges are illegal encroachment of public property and land belonging to Dalits and other weaker sections, possession of wealth disproportionate to his known sources of income, benami transactions, holding agricultural land beyond the ceiling in Tamil Nadu, destruction of evidence, undervaluation of sale agreements, evasion of stamp duty and illegal construction.

Justice Dinakaran’s elevation process to the SC was dropped in December 2009 following the allegations. He was shifted to Sikkim after the Rajya Sabha admitted the impeachment motion on December 17, 2009. This was followed by RS Chairman Hamid Ansari constituting the panel.

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