Justice Dinakaran is intelligent; wants to adopt every possible tactic to delay - Supreme Court
IF things had gone right (for him) Justice Paul Daniel Dinakaran Premkumar would have been a judge of the Supreme Court, but right now, he is a petitioner before the Supreme Court praying for quashing the enquiry against him ordered by the Rajya Sabha Chairman and also questions the inclusion of Senior Advocate PP Rao in the enquiry committee.
The Supreme Court observed that the petitioner's apprehension of likelihood of bias against respondent No.3 (PP Rao) is reasonable and not fanciful, though, in fact, he may not be biased.
But the Supreme Court added,
“ Belated raising of objection against inclusion of respondent No.3 in the Committee under Section 3(2) appears to be a calculated move on the petitioner's part. He is an intelligent person and knows that in terms of Rule 9(2)(c) of the Judges (Inquiry) Rules, 1969, the Presiding Officer of the Committee is required to forward the report to the Chairman within a period of three months from the date the charges framed under Section 3(3) of the Act were served upon him. Therefore, he wants to adopt every possible tactic to delay the submission of report, which may in all probability compel the Committee to make a request to the Chairman to extend the time in terms of proviso to Rule 9(2)(c). This Court or, for that reason, no Court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry ”.
A High Court Chief Justice as a petitioner does not enjoy any special status in the Supreme Court!
Should a person about whom the highest Court of the land commented thus, continue as a Chief justice? His Lordship knows best!
Though the Supreme Court dismissed the writ petition, it requested the Rajya Sabha Chairman to nominate another distinguished jurist in place of respondent No.3.