Dinakaran may be sent to Sikkim HC | delhi | Hindustan Times
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Dinakaran may be sent to Sikkim HC

As a defiant Karnataka Chief Justice P D Dinakaran refused to heed the Supreme Court collegium's advice to proceed on leave, the panel of top judges is understood to have conveyed to the government that he should be shifted to the Sikkim High Court, report HT Correspondents.

delhi Updated: Apr 10, 2010 01:35 IST
HT Correspondents

As a defiant Karnataka Chief Justice P D Dinakaran refused to heed the Supreme Court collegium's advice to proceed on leave, the panel of top judges is understood to have conveyed to the government that he should be shifted to the Sikkim High Court.

The apex court collegium, headed by Chief Justice of India K.G. Balakrishnan, is said to have suggested to the government it consider shifting Justice Dinakaran to Sikkim as a possible way out from the deadlock created by his refusal to go on leave.

Last week, the collegium had asked him to go on leave and appointed Justice Madan B. Lokur in his place but the controversial judge, who has not been performing any judicial work since December 2009, refused to fulfill the collegium's wish.

Now, it is reliably learnt that Justice Lokur is going to the Gauhati High Court and Chief Justice of Uttarakhand High Court, Justice J.S. Kehar, is going to the Karnataka HC.

The Centre on Friday, however, said it had not received any fresh recommendation from the collegium on Justice Dinakaran's transfer to the Sikkim High Court.

"We have not yet received anything from the collegium on the transfer of Justice Dinakaran. Once the ministry gets a formal communication, we will do the needful. The government has a limited role in the matter," Law Minister M Veerappa Moily told HT.

The ministry officials expressed surprise at the fresh decision of the collegium.

A ministry official, however, said, "We stood by the collegium decision asking him to proceed on leave. If they changed their mind, it is up to them."

The Sikkim Bar Association, however, has protested the proposed transfer of Justice Dinakaran and appealed to the SC collegium to reconsider the decision.

In an emergency meeting, they unanimously resolved to boycott the swearing-in and the court to be presided over by the controversial judge, SBA president D R Thapa said.

"How can the person be fit to be discharge judicial duties in one state if he has not been found worthy of doing the same in another state?" Thapa said.