By Team Mangalorean - Bangalore

Bangalore Jul 30: Controversial Karnataka high court chief justice PD Dinakaran, facing impeachment in Parliament following allegations of corruption, was today shifted to Sikkim.

A law ministry notification said the decision was taken by president Pratibha Patil after consultation with chief justice of India SH Kapadia. Justice Dinakaran has been directed to assume charge as Sikkim high court chief justice on or before August 13.

Consequently, Uttarakhand high court chief justice Jagdish Singh Kheher (57) will take over as chief justice of the Karnataka high court on or before August 13.

Sikkim high court chief justice Barin Ghosh (58) will replace justice Kheher in the Uttarakhand high court on or before August 13.

Justice Dinakaran (60) was recommended for elevation as a Supreme Court judge by the apex court's Collegium in August, 2009. But after several top jurists objected to his name citing allegations of corruption and land grabbing, the government returned the recommendation to the Collegium in December, 2009.

In January, opposition parties moved an impeachment motion against justice Dinakaran in the Rajya Sabha.

Allegations listed in the impeachment motion against justice Dinakaran include possessing wealth disproportionate to his known sources of income, unlawfully securing five housing board plots in the name of his wife and two daughters and entering into benami transactions.

The charges against him also include acquiring and possessing agricultural holdings beyond the ceiling limit. Justice Dinakaran has refuted the allegations.

In March this year, the Supreme Court Collegium had asked Justice Dinakaran to proceed on leave but he did not do so. The Collegium then recommended his transfer to the Government.

While justice Dinakaran has been staying away from judcial work in Karnataka, he continues to carry out administrative functions.

Earlier this month, the Collegium had reiterated its stand to transfer justice Dinakaran to Sikkim, Sikkim high court chief justice Barin Ghosh to Uttarakhand and Uttarakhand high court chief justice JS Khehar to Karnataka.

The government had recently expressed its reservations over frequent transfers of high court chief justices while returning the file relating to a chain of transfers back to the Collegium with a request to reconsider its decision.

In a letter to the CJI, prime minister Manmohan Singh had reportedly expressed reservations over frequent transfers of chief justices as it could affect the functioning of High Courts bogged down by pending cases.

The previous Collegium, headed by former chief justice of India KG Balakrishnan, had recommended transferring justice Dinakaran to the Sikkim high court.

The Collegium had also recommended transferring Himachal Pradesh chief justice Kurian Joseph to the Jharkhand high court.

Chief justice Barin Ghosh, who was shifted from Jammu and Kashmir HC, had taken oath at Gangtok on April 14. In the case of Himachal Pradesh high court chief justice Kurian Joseph, he had assumed office on February 8.

While the present Collegium decided against transferring justice Joseph, it had again recommended transferring Justice Ghosh to Uttarakhand.

AAB, Bar Council welcome Dinakaran’s transfer

The Advocates Association of Bangalore (AAB) and the State Bar Council on Friday welcomed the transfer of Karnataka Chief Justice P D Dinakaran, who is facing corruption charges, to Sikkim High Court.

“I welcome the decision of President Pratibha Patil to give her assent to the transfer of Chief Justice P D Dinakaran to Sikkim High Court. This vindicates the stand of the Association,” AAB president K. N. Puttegowda said.

“We are grateful to the honourable judges of the Supreme Court Collegium for transferring Justice Dinakaran. Our concern was only to uphold the dignity and sanctity of the great institution of judiciary and not against any individual,” he said.

Jayakumar S. Patil, chairman of the Karnataka Bar Coucil, also welcomed the decision.

Justice Dinakaran is facing impeachment in Parliament over allegations of land grabbing in his hometown in Tamil Nadu.

The elevation of Chief Justice Paul Daniel Dinakaran to the Supreme Court was strongly opposed by the lawyers’ fraternity here who requested the Chief Justice of India and Union Law Minister not to appoint him as Supreme Court judge.

The matter was then referred to the Supreme Court Collegium.

Justice Dinakaran has not been performing any judicial functions since December 2009 when the Chairman of the Rajya Sabha admitted a motion seeking his removal on charges of corruption and abuse of his judicial office.