Dinakaran should have made the Judiciary hang its head in shame.But..no.SC and CJI are hiding behind legal mumbo jumbo, obscuring the issue.If th SC found him unfit to be chosen for SC as a Judge, how come he is allowed to continue as Justice in Karnataka?Is it that if you are not qualified enough to be recommended to SC, you are qualified to become CJ in a State.No reasons have been given for this funny stand.Now SC rules that no reason need be given for Judgments under RTI.This is precisely the reason that RTI must include judges’ reasons for a particular judgement.
Now that SC has declared its helplessness what is wrong in Justice Kumar’s blog?If his facts are wrong prosecute him.I know you can not for many a skeleton shall tumble out from the cup board and the fact is he s factually correct and morally Right.
The moral authority of the Chief Justice of India “is of no value or significance” if he cannot make an “erring judge” fall in line – this is the view of Justice D.V. Shylendra Kumar of the Karnataka High Court.
The “erring judge” in this case, though not named, is the chief justice of the Karnataka High Court, Justice P.D. Dinakaran, who is facing corruption charges.
The comments by Justice Kumar on his blog have raised important questions.
Top jurists say that issues unheard of in the higher judiciary – corruption, indiscipline, caste bias, etc – are the main reasons behind such airing of views.
However, opinion is divided on the extent to which a serving judge should exercise his freedom of expression – the way Justice Kumar has done.
Justice Kumar had in another context said a majority of judges were in favour of making their wealth details public. This led to a voluntary disclosure of wealth by Supreme Court judges.
Now he wants Justice Dinakaran, against whom impeachment proceedings have been initiated in the Rajya Sabha, to go on leave.
Justice Dinakaran has rejected the demand.
Following the rejection of his demand, Justice Kumar took an unusual step. He made his views public by posting his views on the blog.
“This kind of response from the Chief Justice (Dinakaran) has only confirmed my worst fears that he may even now continue to abuse and misuse his powers (including the powers to recommend the names of persons to be appointed as judges of the High Court after eliciting the views of his colleagues in the collegium) even when he is no more discharging his duties as Chief Justice of the HC,” Justice Kumar wrote on his blog on December 17.
But this was only a precursor to the bombshell he dropped on December 25. Without attacking Chief Justice of India (CJI) K.G. Balakrishnan, Justice Kumar said bluntly in public what was being whispered in legal circles so far.
Referring to the Justice Dinakaran issue and the helplessness of the CJI in the matter, he wrote on his blog: “The concept
that the Chief Justice of India, being the head of judiciary in the country, and therefore, can exercise his moral
authority to ensure that erring judges fall in place and behave themselves, is a misnomer and misconception.”
Going a step further, the judge used an expression many jurists completely disagree with. Justice Kumar compared the institution of the CJI to a “serpent without fangs”.
http://www.hindustantimes.com/News-Feed/india/A-judge-blows-his-top/Article1-493785.aspx
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