Karnataka Chief Justice P D Dinakaran elevation to the Supreme Court has been called into question following protests by eminent lawyers over his unaccountable ownership of 400 acres of land in rural Tamil Nadu.

The Chief Justice of India has sought an explanation from Justice Dinakaran acting on a letter submitted by prominent lawyers such as Shanti Bhushan, Fali Nariman, Anil Divan, Ashok Desai and Ram Jethmalani in which they demanded his promotion to be deferred.

Fali Nariman declined to comment when contacted by Legally India, saying that this matter could only be resolved by a sitting judge of the Supreme Court.

President of the Supreme Court Bar Association M N Krishnamani and the Delhi High Court Bar Association President K C Mittal in a joint statement demanded a change in the existing collegiums system of appointment of judges.

The bar associations have urged the Law Ministry to increase transparency and objectivity in the promotion of judges to the Supreme Court.

They have proposed a constitutional amendment to replace the collegiums system by a properly constituted National Judicial Commission to undertake the selection.

Madras High Court bar association members who have opposed Justice Dinakaran’s promotion include K R Tamizhmani, R Vaigai, Sriram Panchu, Anna Mathew, S S Vasudevan, Geetha Ramaseshan, Sudha Ramalingam, N L Rajah, D Nagasaila, S Devikarani and T Mohan.

As reported by the Times of India, the collegiums headed by the Chief Justice of India and Justice S H Kapadia, B N Agrawal, Tarun Chatterjee and Altamas Kabir will meet tomorrow to discuss on the future course of action.

Under the present collegiums system the CJI is the final authority in the matter of appointments superseding the executive also.

Comments

Anonymous guest 22 Mar 2011, 12:43
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Lawyers were in the forefront during independence movement and now lawyers once again be the crusaders for transparent and accountable justice delivery system. We do need independent and transparent judiciary. Nowhere in the world, other than India, higher judiciary appoints itself, but has no responsibility of removal. Every where the appointing authority is the removal authority as well. Every where in the world judges have been removed, but none in India. It is a good sign that now bar is activated. We request the BCI to seek the comprehensive overhaul of the system from top to bottom and from appointment to removal. It was the lawyers who brought about Collegium system in operation. Now again the lawyers must act and approach the SC to review collegium system with the request that either SC take over removal, as well or replace it with constitution of National and State Judicial Councils, involving legislature, executive and judiciary, bar included. For NJC: CJI be assisted by the nominee of SC Judges; CJs; Lok Sabha; Rajya Sabha; Bar Council of India; SC Bar and Law Minister. For SJC: CJ be assisted by nominee of HC Judges; DJs: Assembly; Vidhan Parishad; State Bar Council; HC Bar and Law Minister. Let these Councils take care of the entire justice delivery system and ensure arrear-free judicial institution. In case SC fails to act, then Parliament is requested to step in. In the meantime, collegium is requested to appoint,transfer, and
elevate judges in a transparent manner. When judicial councils are working successfully else where, why can't it work in India? Let rule of law and not man prevails.