Justice Paul Dinakaran Row

Dinakaran row: Justice DVS writes to judges
BANGALORE: Justice DV Shylendra Kumar of the High Court is again in the news, hitting out at Chief Justice PD Dinakaran. On Tuesday, he wrote to all judges of the HC requesting them to meet on Wednesday to discuss the issue of Dinakaran continuing to discharge administrative duties.
“We should seriously discuss the current developments and the possible course of action that we are required to take, if we have to remain true judges of this court and to discharge truly the duties and responsibilities that we have undertaken to perform in accordance with the oath” he said.
In the letter he stated that “The Chief justice performing administrative functions is most unfortunate development, which could not only undermine the HC’s reputation but also cause grave distrust amongst the litigant community.
The administrative works of the CJ include selecting and recommending suitable persons for being appointed as judges”.
Open letter to CJ
In an open letter to Justice Dinakaran, Justice Kumar urges him to refrain from exercising or wielding the administrative powers of a CJ.
He has expressed concern over the fact that the CJ was still continuing to undertake administrative works of the HC.
About the collegium
In a letter to the public, Justice Kumar criticised the collegium system of appointment of judges.
He said, “The collegium of the Supreme Court being very secretive in its conduct and functioning in the matter of selection of judges of High Court and the Supreme Court, such manner of functioning has also drawn flak and has invited very adverse criticism from all sections of society, including the legal community itself”.
The collegium of the SC refusing to divulge information has not been taken kindly by the members of the public and this conduct and attitude is looked down with suspicion and as a possible cover up resorted to on the part of the members of the collegiums. It is claimed that to maintain a good image and the reputation of the institution, it is necessary not to divulge information leading to the recommendation and appointment of judges in superior courts.
‘Reputation suffering’
While it may be true that to protect the image and the reputation of the institution, the cause of a few judges can be sacrificed, it is the other way now as practised by the collegium of the SC, particularly the collegium doggedly refusing to divulge information about the conduct of judges and their performance as perceived in the opinion of the collegium, which if revealed or divulged would damage the reputation of the institution and in fact while it is not so, on the other hand, it appears that the information is not being divulged or revealed, only to protect the concerned judges and even possibly to protect themselves, but at the cost of the image and reputation of the institution, as in the eyes of the public by not revealing the information, it is the image and reputation of the institution that is suffering and definitely not the image of the concerned judges.
While the institution itself is nothing but a neutral mute spectator, which is neither good nor bad, and is a creature of the Constitution and the laws, what reputation the institution acquires over a period of time definitely depends on the manner of performance and the conduct of the members in the institution.
It is high time that the SC collegium realises this harsh reality and starts acting in the interest of the institution, the letter says.


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