New Delhi, April 10:The Bar Association of Sikkim ( BAS) on Friday threatened to boycott Justice P. D. Dinakaran if he was transferred to the Sikkim High Court ( HC) as the chief justice.
In a resolution passed at an emergency meeting of the BAS in Gangtok, the association resolved that if Justice Dinakaran was shifted to the HC despite its protest, the members “ shall refrain from appearing before him and also boycott his swearing- in ceremony”. BAS general secretary B. R. Pradhan said the meeting was called by bar president D. R. Thapa following reports that the Supreme Court collegium had recommended transfer of the Karnataka High Court chief justice to Sikkim.
The association said in the resolution that the status of Sikkim High Court “ is no less than any other high court of the country” and opposed “ punishment postings” there.
The BAS said the decision was against the interest of the judiciary and the people of Sikkim and that it would write to the President, the Prime Minister, Chief Justice of India, the Supreme Court collegium, Sikkim’s governor, the Union law minister, Sikkim chief minister and others to lodge its protest against the move.
The Supreme Court collegium had reportedly decided to transfer Justice Dinakaran because his functioning in Karnataka had become very difficult with opposition from various quarters.
Initially, the collegium had advised Justice Dinakaran to go on leave and had even recommended transfer of a judge from Delhi to take his place, but he refused to budge.
Though Justice Dinakaran had on December 17 last year decided to give up judicial work in view of the proceedings for his removal in the Rajya Sabha, he continued to perform important administrative functions despite opposition from lawyers and even judges in the high court.
Justice Dinakaran was apparently banking on the fact that other than removal — which in itself was a process which took time — there was no provision to punish an erring judge.
The collegium had initially decided not to transfer him to any high court, since he had already given up judicial work himself.
But with Justice Dinakaran creating a constitutional crisis of sorts, the Supreme Court collegium reportedly decided to send him to Sikkim, which has a sanctioned strength of three judges, including the Chief Justice.
At present, there is just one judge in the high court.
The decision gives Justice Dinakaran a virtual go- ahead to resume judicial work as there is no provision in law to prevent a judge from working while proceedings for his removal were on.
But now, the BAS seems set to thwart Justice Dinakaran “ rehabilitation plan”. This will come as another blow to Justice Dinakaran, who had recently suffered an embarrassment when a division bench of the Karnataka High Court quashed some administrative orders issued by him in his capacity as the chief justice.
This followed an open revolt by the high court’s Justice D. V. Shylendra Kumar, when he wrote to the Chief Justice on March 8 asking him to put in his papers.
—Agencies