Thursday, May 27, 2010

கர்நாடக வழக்கறிங்கர்களின் போராட்டம் வெற்றி

The SC Collegiums took the decision to ask Mr. Dinakaran to go on leave on Thursday and appoint Acting Chief Justice of Delhi High Court Justice Madan B Lokur in his place.

Justice P D Dinakaran has been under the spotlight since July 2009 when allegations of encroachment were leveled by first by a group of advocates from Chenna.

After some eminent advocates of the Supreme Court took up the matter, the issue came to be taken up by the Bangalore bar. In its first resolution in July, the Advocates Association of Bangalore wanted the Chief Justice to stay away from court. Subsequently another resolution was passed, saying that advocates should wait for a report before passing any resolution.

However, it was in August that the issue took a serious turn when the association, which is the biggest of its kind in the country, once again asked the Chief Justice not to preside over judicial proceedings.

In November, things worsened when the advocates went on a strike, boycotted courts and even locked up two judges in the High court for refusing to adjourn hearings,though Justice Dinakaran conducted judicial proceedings till December, he decided not to do so once impeachment proceedings were initiated against him by the Parliament.

For almost four months now, the Chief Justice has not been conducting judicial proceedings and he has been discharging his administrative duties from his home office. The Advocates Association of Bangalore(AAB) and other sections wanted Justice Dinakaran to refrain from even discharging administrative duties.

The protesting advocates got a shot in the arm when one of the senior judges of the High Court, Justice D.V. Shylendra Kumar, joined the chorus for Justice Dinakaran’s transfer or resignation. Justice Kumar openly questioned the propriety of the Chief Justice discharging administrative work while refraining from presiding over court.

The president of the AAB, K.N. Putte Gowda, has welcomed the decision of the collegium. He said though the collegium decision is belated, it is welcome. He said the reputation of the judiciary would have been enhanced had this decision been taken when the allegations were first made.

The AAB made it clear that it had nothing against the post of the Chief Justice. It said it is only concerned over the allegations and wants a thorough probe into it. The AAB said it would extend full cooperation to the new Chief Justice.

The Chairman of the Karnataka State Bar Council, Jayakumar S. Patil, said the post of a Chief Justice is vested with great responsibility and the person holding this exalted office should function both judicially and administratively.

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