Saturday, November 20, 2010

Justice Dinaka

Justice DinakaLatest Update News About Justice Dinaka: The unprecedented witch hunting and harassment of Justice Dinakaran and his family compelling him and his family to fast unto death is the darkest day in the history of India.The diabolic nexus between the politicians officials and a section of the judiciary to deliberately destroy the last citadel of hope and justice to people of the nation India stand exposed. The National commission of Minorities (NCM) and others concerned about protecting the rights of a person from Minority community is hoodwinked to meek submission by the lobbyists.


Global council of Indian Christians (GCIC ) urges the President of India to direct the Hon. Supremecourt of India to publish the findings of the Survey of India report under the team led by Major General Siva Kumar and on the basis of the report justice given to the judge without any further loss of time.

We are intrigued and disturbed along with the silent majority of India, the insinuations against a sitting Chef Justice of the Karnataka high court ,casting aspersions against the highest office of judiciary is mocked by bringing disrespect to the office of Chief Justice by the plotters.


The men who have turned the judiciary upside by wild and baseless allegations against the Chief Justice of Karnataka owes an answer to the people of democratic India. Who is afraid to table the findings of the survey of India.

(We have in our possession a CD containing the documentary evidence by the fact finding team along with the testimonies of the villagers and officials refuting the alleged land grabbing of the barren land in Kaverirajapuaram. All the land purchased by Justice Dinakaran was during 1985 and 1993, comes well within the land ceiling Act of TN. His Shenoynagar House in Chennai was purchased in 1990 when he was an Advocate. He is building another house in Anna Nagar through Bank and government housing long along with his Provident fund withdrawals. We have also seen the drawing submitted by Survey of India by a team led by Major General Siva Kumar showing nil encroachment and all the allegation of encroachment are baseless).


Global council of Indian Christians (GCIC) is in valuable companion for efforts for empowering voice of common people and public-accountable media. GCIC believes in the concerns for empowerment of common people and an independent judiciary, the only salvation in the mired situation in our nation with a concoction of terror, abuse of political power and in the lobbies in the likes of notorious miners

Impeachment of judges has been a subject in many a newspaper in the recent past. The Karnataka Chief Justice P D Dinakaran is surrounded by the controversy of alleged land grabbing. This allegation surfaced over the elevation of Karnataka Chief Justice to the Supreme Court. Advocates from Karnataka and Tamil Nadu joined hands in opposing the elevation.


Had this controversy surfaced in the 80s and 90s when P.D.Dinakaran was an advocate he would have furnished convincing answers. Even before an advocate is elevated to the position of a judge it is mandatory that he declares his assents. In case of P.D. Dinakaran, his assets have been declared before he became a judge of the Madras High Court as well as the Chief Justice of Karnataka. That this seeming controversy has arisen now has one or two reasons.

Unprecedented eventful year for Karnataka High Court: The beginning of 2009 saw the High Court launch a programme showing the rest of the country the way in which cases could be disposed of expeditiously. In just 45 days, the judiciary in the state disposed of 2.43 lakh criminal cases. This attracted nation-wide attention and even Chief Justice of India K.G. Balakrishnan had nothing but words of appreciation for this feat.


Undoubtedly, this credit goes to the Chief Justice P.D. Dinakaran. He himself has shown remarkable competence in pronouncing judgments having scruples and dexterity, second to none. Could this be termed as professional jealousy??

We are constrained to believe that a well oiled machinery flush with unlimited resources fuelled by the nexus between the minining mafia and the political dispensation is tinkering the judiciary for enlarging their ‘political empire’from Karntaka,Andhra Pradesh,Orissa to Jharkhand





Article 217 (b) is like this :- A judge of the High Court may be removed from his Office by the President in the manner provided in clause (4) of article 124 of the constitution for removal of a judge of the Supreme Court. “on the ground of proved misbehavior or incapacity” (Article 124/4).

Thus from the above constitutional provisions relating to impeachment of a judge, it is manifestly clear that, the most important condition precedent is that, the removal of the judge shall be on the ground of proved misbehaviour or incapacity, which means before any motion of impeachment is introduced in either houses of Parliament, there must be a finding of guilt recorded with regard to either misbehaviour or incapacity, which is sine-quo-non, without which, both Houses of Parliament viz., the Loksabha and Rajya Sabha will have no jurisdiction to entertain any motion. In this case it is very disturbing to notice that the entire system gangs up against innocent Chief Justice, because he happens to be a dalit and it is amusing that the Chairman of Rajya Sabha Mr. Hamid Ansari, has admitted the motion, duly signed by 75 MPs mostly from BJP and other allies, which is in utter contravention of article 124 (4) of the constitution. Hamid Ansari, being a highly learned and high profile dignitary of the world’s biggest democracy, ought not to have become a easy prey in the hands determined, disgruntled group of intelligensia, even otherwise a plain reading of articles 124(4) of the constitution would IPSOFACTO demonstrates to a naked eye that, at the first instance there should be an order of the President, so passed after an address by each House of parliament and that too supported by a majority of the total members of the House. In this unfortunate and perse vindictive case where Dinakaran who has been framed by satanic minds on surmises and conjectures, has been made an scape goat by section of disgruntled obnoxious intellectuals, who are allergic to a religious minority. The case of former Indian President K R Narayan who was victimized in his early days being a dalit is known to the world. The impeachment in view of the above would necessarily fall to the ground amidst disgrace and ignominy. Dinakaran’s case is a rarest of a rare case of enmass hate campaign not only to damage his personal image being honest and non corrupt, but a planned conspiracy of for the character assassination and a clear case of persecution too, where he and his family is globally defamed, actually all these who have engineered the satanic design are liable for gross criminal contempt of High Court and these persons have willfully and intentionally obstructed the judicial proceedings of his court.


We began by saying that Judicial Accountability is not just dependent on the judiciary alone but even the people have their own accountability. Public opinion should be so motivated and guided for which our lawyers have a definite and great role to play. If a judge has to be a high performance individual, the input from the lawyers is absolutely essential.

What matters ultimately is not just what our colleagues allege, it is the sum and substance of the public opinion vis-à-vis the available documentary evidence and the credibility of the individual and the family in question. The voice of the villagers, the statements of the concerned Panchayat officers and the relevant revenue records cannot be ignored.


GCIC will not support corruption at any cost. If Justice Dinakaran is really corrupt, then the impeachment proceedings must start against him. Impeachment should not only be against Justice Dinakaran but against other judges also. He goes on to list no fewer than four judges of both High and Supreme courts who were recommended for impeachment.

Chief Justice of the Calcutta High Court had made a recommendation for the impeachment of judge Soumitra Sen which was duly accepted by the Chief Justice of India. Despite this, no impeachment proceedings had been initiated against him. A sum of Rs. 15 lakh was found in cash at the residence of a judge in Chandigarh. Here also, no impeachment action was initiated against the judge concerned.


In the Ghaziabad provident fund scam, the names of several judges from Ghaziabad appeared in the charge sheet, yet no impeachment proceedings had been started against any of them.

Why did the judges and lawyers not level these charges when he was promoted and appointed as the Chief Justice of the Karnataka High Court ?


Justice Dinakaran is married to Vinodini, a medical doctor whose family is also is wealthy. Dr. Vinodini Dinakaran quit her Central Government Health Service (CGHS) job after Advocate Dinakaran was appointed as a judge in the Madras High court.

Many in the Tamil Nadu Bar Association have defended the Karnataka Chief Justice including former Advocate General N R Chandran who said that he was pained at people hurling such wild allegations against Justice Dinakaran.


Is Justice a victim of Caste-ism or is it a deliberate attempt discredit the most powerful democratic in our country so that the discredited politicians and elks of DGP Rathore can rule the roost without accountability

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