The Supreme Court on Thursday called for the details of the two sets of charges framed against Sikkim high court chief justice P.D. Dinakaran in the impeachment process to examine whether the three-member inquiry committee probing the charges had overstepped its limit.
While the impeachment motion admitted by Rajya Sabha chairman Hamid Ansari against Justice Dinakaran contained 12 charges, the inquiry committee, headed by Justice Aftab Alam of the apex court, modified them and converted into 14 charges.
Senior advocate Udai Lalait, appearing for the committee — having Karnataka high court chief justice K.S. Khehar and advocate P.P. Rao as the other members — admitted that the charges were modified by the panel.
But he claimed that under the Judges Inquiry Act, the panel has the powers to modify, reframe and even include new charges depending upon the material brought before it.
Mr Lalit alleged that Justice Dinakaran was raising the issue of charge as well as removal of Rao from the panel, at such a late stage to “delay” the impeachment proceedings.
Justice Dinakaran has moved top court seeking removal of Mr Rao from the committee and he has alos challenged the probe panel’s order modifying the charges against him.
His counsel Amarendra Sharan arguing the first matter, alleged there was “reasonable apprehension” in the mind of Justice Dinakaran about Mr Rao’s “bias” in view of his drafting a resolution of lawyers against him, being a member of a delegation to CJI to oppose his elevation to SC and speaking against him at a seminar, his second lawyer B.P. Patil contested the order on modifying the charges.