‘If he is unfit for SC, how is he fit for Karnataka?’


As “The Strange Case of Justice P.D. Dinakaran” gets caught up in the usual Indian whirligig of caste, politics, nepotism and all the rest, Supreme Court lawyer Rajeev Dhavan goes for the jugular in the Delhi tabloid Mail Today:

“If Justice Dinakaran is not fit to be a Supreme Court judge, why is he fit to be a High Court judge? Did the collegium slip up when they made him chief justice of Karnataka? Or, indeed, when he was appointed a judge?…

“Justice Dinakaran’s declaration: ‘I’m wealthy, I don’t need to be corrupt,’ is not sufficient. I once asked a rich uncle: ‘What does one give to the man who has everything?’ The rich birthday-boy replied: ‘A little more of everything’.

“Theoretically being rich is not a defence for bad financial behaviour. Justice Dinakaran has a case to answer on disproportionate assets in violation of the law and suspect decision making….

“Justice Dinakaran has declared that he will not accompany the ‘judges exchange’ delegation to Australia. There is a lot to doubt whethere he deserved to be a delegate over others in the first place. Someone seems to have a soft spot for him. But the process of his appointment needs scrutiny.

“Under the Supreme Court’s dispensation the collegium (at present CJI K.G. Balakrishnan, Justices B.N. Agarwal, S. Kapadia, Tarun Chatterjee and A.Kabir) decides. In addition, the collegium should know the views of other SC judges who had knowledge of the judge—in this Markandey Katju and Ganguly who had been chief justices of Madras, and Cyriac Joseph and Ravindran who had been at Karnataka. Rumour has it that full consultation did not take place with these judges.”

Cartoon: courtesy Prasad Radhakrishnan/ Mail Today

Visit the Mail Today website: www.mailtoday.in

Also read: The strange case of Justice P.D. Dinakaran

Fali Nariman interview in the Indian Express

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7 Responses to “‘If he is unfit for SC, how is he fit for Karnataka?’”

  1. Anand Bala Says:

    I know of one particular lawyer in Bangalore who has a brilliant mind, is honest, charges reasonably and is an expert on constitutional matters.
    In my limited interactions with him, it was apparent to me that, every move he made was interest of justice. His effort was always to work at a mutually acceptable resolution that would cause less trauma to litigants, reduce the burden on their pocket and avoid the tangled knots of the judicial systems.

    This lawyer should have made it to the Bench of the Karnataka High Court a long-time ago.

    I wonder whether it would make sense to look into the appointments of the Karnataka high court.


  2. sathya Says:

    nyaaya devatheya kaNNige baTTe kaTTi kaige thraasu (no pun with the word)……Nyaaya yellide? Where is justice?

  3. rajachandra Says:

    After Independence and till recently people who studied law were those who did not get in to MBBS or B.E and joined B.Sc or B.A on rebound. After completing their graduation if they still did not get seats for M.A or M.Sc and for want of better options joined evening colleges to do law. So we end up having lawyers who are academically not the cream of the available pool. Among the practicing lawyers, those having good practice earn so much they seldom aspire to become Judges. Anyway, the record of Karnataka is so poor, we hardly have a reputed lawyer in the same genre as Nariman, Ram Jethmalani or Venugopal ! So in the end, people with political clout, judicial connections, right caste equations end up as Judges with the only qualifying qualification being a serving lawyer of the High Court for a decade or so. Most amazing is that within 10 years as a Judge, most of them get elevated as chief Justice and after another year or two gets elevated to the Apex Court !

    sathya meva jayate
    Yatho Dhramh thatho jayah.

    Empty Rhetoric ?

  4. TKM Says:

    ‘No proof for charges against Karnataka CJ’
    The New Indian Express
    Express News Service
    First Published : 18 Sep 2009 01:57:00 AM IST
    Last Updated : 18 Sep 2009 08:19:01 AM IST

    CHENNAI: In a curious turn of events, it now transpires that questions raised against elevation of Karnataka Chief Justice P D Dinakaran to the Supreme Court, citing his ‘illegal wealth’, were based on perceptions of some people and that there was no substantive evidence against him.
    While senior advocates of the Supreme Court, who are members of the Committee on Judicial Accountability, had sought an inquiry into the ‘integrity’ of Justice Dinakaran based on a complaint by ‘several responsible members of the Tamil Nadu Bar’, the Chennai lawyers who had written to the Chief Justice of India on the issue, had said that their allegation was based on a memorandum of the Tamil Nadu Vivasayigal Sangam (a CPM-affiliated farmers’ association) to the state government.
    The memorandum, an appeal to the government to disburse free land to poor farmers, also alleged land grabbing by the rich, with a specific mention of Justice Dinakaran holding large tracts of land at Kaverirajapuram village of Tiruvallur district.
    However, on Thursday, the association’s general secretary, K Balakrishnan, told the media in Chennai that there was no substantive documentary evidence to prove the charge. He said it was the public perception at the village and it was for the government to bring out the truth.

  5. Bharat Says:

    If you want to appoint a driver you will definitely insist that he should know driving, not a drunk yard, able to speek nicely, neat and clean, etc. But in judges appointment no such qualiities are required. They select persons as they choice. The yardstick for selection does not know even to the selected candidates. It is hightime that the present system should be stopped

  6. dharma Says:

    Karnataka is sleeping! We take all, good or bad!

  7. Gaampa Says:

    Anand Bala

    Please tell the name of whom you are referring to. Please. Or email me directly. Thanks

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