Bad ideas of justice?

[acf Anand]

Bad ideas of justice?

 







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Land in trouble:The allegedly encroached land; the plaque reads: "Justice P.D. Dinakaran Street" CONTROVERSY

The SC collegium remains undecided about P.D. Dinakaran’s elevation, as allegations pile up

By Kavitha Muralidharan & Soni Mishra

Karnataka High Court Chief Justice P.D. Dinakaran is in the middle of the biggest controversy pertaining to appointment of a Supreme Court judge. Detractors continue to bombard him with allegations of illegal deeds and inappropriate judicial conduct. And the Supreme Court collegium, for the third time since August 27, deferred its decision on his elevation to the apex court.
The controversy began when the Chennai-based Forum for Judicial Accountability (FJA) urged the collegium, headed by Chief Justice of India K.G. Balakrishnan, to withdraw its recommendation for Dinakaran’s elevation to the Supreme Court.
The forum of lawyers, through four representations to the collegium, accused Dinakaran of:

Illegally amassing huge rural land holdings

Misappropriation of government land

Disproportionate assets

Illegal constructions

Inappropriate judicial orders and conduct that point to lack of probity
In its latest representation, the FJA demands that the chief justice of India should direct the CBI to register a case against Dinakaran under the Prevention of Corruption Act. It also seeks that he should be asked to go on leave, and that his assets be attached.

“Besides encroaching about 500 acres in Kaverirajapuram in Tiruvallur district, the judge also possesses about 50 acres of mango orchards in Poovalai village in Vellore district,” says FJA member Sudha Ramalingam. “In Chennai, he allegedly owns a multistoreyed building that was illegally constructed, considering the dimensions of the plot, fire safety requirements, etc.”

Sudha says about 130 acres acquired by Dinakaran in Kaverirajapuram were poramboke and anadhinam lands, which can be allotted only to the landless poor, as per standing orders of the Tamil Nadu government. “His land holdings in the villages are beyond the ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as per which a five-member family can possess not more than 15 acres,” points out FJA convenor R. Vaigai.

She adds that encroaching land meant for villagers amounted to land-grabbing and depriving the poor of their resources and livelihood. Farmers, activists and political outfits have been holding demonstrations in Kaverirajapuram, seeking inquiry into the alleged land-grabbing.

To make matters worse for Dinakaran, the Tiruvallur collector, in his report to the chief justice of India, has indicted him.
Another allegation the FJA raised was about a transaction of 4.5 acres with a bungalow in Ooty in August. Dinakaran reportedly bought the property in his in-laws’ names. Its market value was Rs 8 crore and the government guideline value Rs 3 crore, but the transaction was undervalued at Rs 33,75,100.

Dinakaran’s professional conduct, too, has been questioned. The FJA accuses him of  “gross abuse of office and subversion of justice”.
For instance, the Bangalore Bar had noted Dinakaran’s manipulation of cases of illegal mining filed against several influential persons. The cases had been shifted from the Dharwad bench to the Chief Justice’s bench.

In another case, a High Court judge had set aside the state government’s decision to grant leases for mining in 380 acres of forest land. The judge had noted illegalities, including the fact that some miners had filed applications after the tender was opened.

But, Dinakaran’s writ appeal order granted licences to all the applicants, and even increased the area allotted over and above what was granted by the government. The illegalities pointed out by the judge were ignored. This case had agitated the Bangalore Bar, says the FJA.

The FJA and media reports also accuse Dinakaran of hearing cases in which friends or relatives were involved. Activists say an upright judge would have declined to do so.
The SC collegium, meanwhile, seems to be divided on how to deal with the issue. The chief justice of India has asked the Tamil Nadu government for more information. Also, it cannot ignore the fact that there are groups that back Dinakaran, too.

Moreover, the issue has been given a casteist angle, with some groups saying Dinakaran is being victimised because he is a Dalit. National Commission for SC and ST Chairman Buta Singh, too, backs Dinakaran. Incidentally, Buta Singh himself is under the CBI scanner for a scam involving his son.

An FJA member rubbishes the claims. “Even those affected by Dinakaran’s corruption are Dalits and tribals. Caste should never be a cover for the corruption,” he says. “If Dinakarans, Rajas [referring to Union minister A. Raja] and Buta Singhs walk away with such serious charges, because they are Dalits, people like us would lose faith in democracy. Those who defend Dinakaran should remember that there are other Dalits who need real help.”  

Indeed, a Madras High Court lawyer, who visited Tiruvallur, says the villagers are in misery, as the land alleged to have been encroached includes their common field for cattle grazing and sources of water.
Senior Supreme Court lawyer Rajeev Dhawan says the “crisis” needs to be resolved immediately, as more delay will shake the public’s confidence in courts.

Former Additional Solicitor-General Vikas Singh says more people, such as bar members, should be included in the process of appointing or elevating a judge. “Also, a thorough background check of the judge is needed,” he adds.
Amidst the ruckus, Dinakaran stays calm, and keeps his smile intact.  Anand S.
Anti Corruption Form
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