A defiant former Sikkim high court chief justice PD Dinakaran will not appear before the three-member inquiry committee on Saturday, which is probing allegations of corruption against him.
Justice Dinakaran, in a strongly worded reply to the notice issued to him by the committee, has cited the case of former Calcutta high court judge, Soumitra Sen, against whom the impeachment proceedings were dropped by the Lok Sabha after the President accepted his resignation.
"This notice for reviving the impeachment proceeding against me is illegal and improper in view of the recent development of dropping of impeachment proceedings against Justice Soumitra Sen in view of his resignation," Justice Dinakaran wrote.
"The committee before issuing notice has failed to analyse the constitutional provisions as well as provisions of Judges Inquiry Act 1968, which provides for the impeachment of only a sitting judge. I am no more a sitting judge," his reply stated.
Justice Dinakaran's reply came in response to the notice issued to him by the inquiry committee headed by Justice Aftab Alam of the Supreme Court.
Other members of the panel are Karnataka high court chief justice, JS Khehar and jurist Dr Mohan Gopal.
The notice stated that before taking any decision "on the question what would be the effect of Mr PD Dinakaran relinquishing his office as chief justice of the Sikkim high court on the investigation being conducted by the committee, it has been decided to hear him."
Justice Dinakaran had resigned from his post on July 29, shortly after the Supreme Court had dismissed his petition challenging the inquiry committee's decision to widen the ambit of the probe into the corruption allegations against him.
"I have every reason to believe that the committee is predisposed against me. I resigned from the post of chief justice of Sikkim as I was convinced that despite the fact that none of the charges are made out, I will not get a fair opportunity to defend myself," Justice Dinakaran stated.
The probe panel was set up by the Rajya Sabha chairman, Hamid Ansari, in February last year, after 75 opposition MPs had given a notice to impeach Justice Dinakaran in December 2009, who was then the chief justice of Karnataka high court.