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SC restarts Dinakaran impeachment without inquiry member PP Rao

The Supreme Court has vacated the stay on impeachment proceedings initiated against Sikkim chief justice PD Dinakaran in the Rajya Sabha and ordered for the replacement of inquiry committee member and senior counsel PP Rao with another jurist.

An apex court bench of justices GS Singhvi and CK Prasad held that belated raising of objections by Dinakaran against the inclusion of Rao in the Rajya Sabha-appointed inquiry committee was a “calculated move” aimed at delaying the proceedings, according to media reports.

“This Court or, for that reason, no Court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry,” the court observed and said that Dinakaran used his knowledge of the Judges (Rules) 1969 as a tactic to delay the submission of the committee’s report.

The court, while allowing for the probe to continue, directed the inquiry committee to be reconstituted, conceding Dinakaran’s plea of bias against Rao who had allegedly been opposing Dinakaran’s elevation to the Supreme Court.

“However, keeping in view our finding on the issue of bias, we would request the Chairman to nominate another distinguished jurist in place of respondent No.3. The proceedings initiated against the petitioner have progressed only to the stage of framing of charges and the Committee is yet to record its findings on the charges and submit report. Therefore, nomination of another jurist will not hamper the proceedings of the Committee and the reconstituted Committee shall be entitled to proceed on the charges already framed against the petitioner,” the court held.

In April this year Dinakaran - who has been accused of corruption and financial irregularities - moved the apex court and won a stay on proceedings against him.

The Rajya Sabha-constituted committee under SC judge Aftab Alam, Karnataka Chief Justice J S Khehar and P P Rao had chargesheeted Dinakaran in March 2011 but is yet to record its findings and submit report.

Download the Supreme Court judgment vacating the stay here

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