Apex court stays pre-impeachment probe against chief justice Dinakaran
29 Apr 2011
The Supreme Court today stayed the pre-impeachment probe by a Rajya Sabha-appointed panel into allegations of judicial misconduct and corruption against Sikkim High Court chief justice P D Dinakaran.
The apex court's order came on a plea by justice Dinakaran, in which he expressed apprehensions of biased proceedings by the three-member panel, comprising justice Aftab Alam of the apex court, Karnataka High Court Chief justice J S Khehar and senior advocate P P Rao.
Amrendra Saran, senior advocate, representing the 61-year-Dinakaran, pleaded before the apex court bench of justices H S Bedi and C K Prasad that Rao had been part of a delegation of lawyers, that had met the erstwhile chief justice of India K G Balakrishnan in 2009 to oppose the elevation of Dinakaran to the Supreme Court.
He argued that inclusion of advocate Rao in the probe panel indicated the possibililty of bias in the probe.
On hearing his contentions the bench stayed the panel's proceedings, issuing notices to it, chairman justice Aftab Alam and advocate Rao.
In his petition to the apex court, justice Dinakaran had submitted that, ''If there is reasonable likelihood of bias it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done.''
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