P. D. Dinakaran
Encyclopedia
Paul Daniel Dinakaran Premkumar (born May 9, 1950) is the Chief Justice
of the High Court
of the Indian state of Karnataka
. He has been in the news recently for his alleged misdemeanors.
, North Arcot
District (presently Vellore District
). He attended Madras Christian College
, Chennai
and studied chemistry. He obtained his Masters in Political Science
and Public Administration
and Bachelor of Law Degree from Madras Law College.
. He also practiced in the State and Central Administrative Tribunals at Madras. He served as Legal Adviser
and Standing Counsel for Pondicherry University
and for several State owned Corporations, such as Tamil Nadu State Marketing Corporation
(TASMAC), Tamil Nadu Sugar Corporation, Tamil Nadu Sugar Federation Limited, Tamil Nadu Co-operative Milk Producers Federation (Aavin).
He was also standing counsel for various religious institutions, such as Churches of South India
, Madras Diocese and Coimbatore Diocese and Sri Subramania Swami Temple, Tiruttani
and for several Local Bodies, Educational Institutions, Teacher’s Federations, Agriculturists Associations, Marketing Societies and Social Organisations.
On August 28, 2009, the Supreme Court of India
announced that Dinakaran would be elevated to a Supreme Court Judge, but this was halted due to allegations of corruption and surrounding controversy. Dinakaran subsequently refused to go on leave when asked by Chief Justice of India
K.G. Balakrishnan and will now be transferred to the Sikkim High Court
.On 29th July, 2011 he resigned from the post of Sikkim Chief Justice. He was facing impeachment allegedly on the charges of corruption and judicial misconduct.
including Former Union Law Minister Ram Jethmalani
stating that he had huge assets and land acquisitions in his Hometown Arakkonam more than what was fixed by the Tamil Nadu Land reforms. The lawyers requested Chief Justice of India
Union Law Minister not to appoint Dinakaran as Supreme Court Judge and initiate an enquiry process regarding the allegation. The members wrote a letter to President
Pratibha Patil
, Prime Minister
Manmohan Singh
and Union Law Minister to intervene in this matter.
Justice Dinakaran has not been performing any judicial functions since December 2009 when the Chairman of the Rajya Sabha
admitted a motion seeking his removal on charges of corruption and abuse of his judicial office. The Supreme Court collegium headed by Chief Justice K.G. Balakrishnan has decided to replace Justice Dinakaran with Uttarakhand High Court Chief Justice J.S. Khehar, and recommended transfer of Dinakaran to the Sikkim High Court
. The Sikkim Bar Association opposes the transfer of Dinakaran to the Sikkim High Court and has asked the Supreme Court to reconsider the proposal, which requires approval from Indian President Pratibha Patil
.
"Before demitting office, I must confess with a very heavy heart that in spite of my constitutional position, I have been denied fair opportunity to defend myself and my reputation by the Judges Inquiry Committee," he said in a two-page letter of resignation sent to President Pratibha Patil.
61-year-old Dinakaran, a Dalit, also said he had a "sneaking suspicion" that his "misfortune" was because of the circumstances of his birth in the socially oppressed and underprivileged section of the society.
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the High Court
High Courts of India
India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 21 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
of the Indian state of Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
. He has been in the news recently for his alleged misdemeanors.
Childhood and education
Dinakaran did his schooling at ArakkonamArakkonam
Arakkonam is a mid-sized City in the Indian state of Tamil Nadu, with a population of about 101,626 as per the census 2011...
, North Arcot
North Arcot
The Indian District of North Arcot was split on 30-09-1989 into Tiruvannamalai-Sambuvarayar and North Arcot Ambedkar .- History :...
District (presently Vellore District
Vellore District
Vellore district is one of the 32 districts in the Tamil Nadu state of India. Vellore City is the headquarters of this district. It had a population of 3,477,317 as of 2001. It is 37.62% urbanised...
). He attended Madras Christian College
Madras Christian College
The Madras Christian College, commonly known as MCC, is a liberal arts and sciences college in Madras , India. Founded in 1837, MCC is one of Asia's oldest extant colleges. Currently, the college is affiliated to the University of Madras, but functions as an autonomous institution from its campus...
, Chennai
Chennai
Chennai , formerly known as Madras or Madarasapatinam , is the capital city of the Indian state of Tamil Nadu, located on the Coromandel Coast off the Bay of Bengal. Chennai is the fourth most populous metropolitan area and the sixth most populous city in India...
and studied chemistry. He obtained his Masters in Political Science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
and Public Administration
Public administration
Public Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....
and Bachelor of Law Degree from Madras Law College.
Career
He started his career in Madras High CourtMadras High Court
The Madras High Court is a senior court located at Chennai , in India. The court buildings, which are believed to be the second largest judicial complex in the world, are located near the beach, in one of the city's major business districts....
. He also practiced in the State and Central Administrative Tribunals at Madras. He served as Legal Adviser
Legal Adviser
The Legal Adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 and given a rank equivalent to that of an Assistant Secretary...
and Standing Counsel for Pondicherry University
Pondicherry University
Pondicherry University is a Central University in Pondicherry, India. Founded in 1985 by the Government of India,has emerged as India's fastest growing Central University and it is an affiliating University with a jurisdiction spread over the Union Territories of Pondicherry, Lakshadweep and...
and for several State owned Corporations, such as Tamil Nadu State Marketing Corporation
TASMAC
Tamil Nadu State Marketing Corporation is a company owned by the Government of Tamil Nadu, which has a monopoly over wholesale and retail vending of alcohol in Tamil Nadu, a state in India. It controls the Indian Made Foreign Liquor trade in the state.-History:TASMAC was established in 1983 by...
(TASMAC), Tamil Nadu Sugar Corporation, Tamil Nadu Sugar Federation Limited, Tamil Nadu Co-operative Milk Producers Federation (Aavin).
He was also standing counsel for various religious institutions, such as Churches of South India
Church of South India
The Church of South India is the successor of the Church of England in India. It came into being in 1947 as a union of Anglican and Protestant churches in South India. With a membership of over 3.8 million, it is India's second largest Christian church after the Roman Catholic Church in India...
, Madras Diocese and Coimbatore Diocese and Sri Subramania Swami Temple, Tiruttani
Tiruttani
Tiruttani is a town in the Indian state of Tamil Nadu. It is one of the main tourist centre in Thiruvallur district about 84 km from Chennai. Thiruthani Murugan Temple is one of the six abodes of Lord Muruga. Tiruttani is 15 km from Andhra Pradesh state...
and for several Local Bodies, Educational Institutions, Teacher’s Federations, Agriculturists Associations, Marketing Societies and Social Organisations.
On August 28, 2009, the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
announced that Dinakaran would be elevated to a Supreme Court Judge, but this was halted due to allegations of corruption and surrounding controversy. Dinakaran subsequently refused to go on leave when asked by Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
K.G. Balakrishnan and will now be transferred to the Sikkim High Court
Sikkim High Court
The Sikkim High Court is the High Court of the state of Sikkim. The history of the court can be traced back to 1955, when the High Court of Judicature Proclamation, 1955 was issued to establish a High Court in Sikkim...
.On 29th July, 2011 he resigned from the post of Sikkim Chief Justice. He was facing impeachment allegedly on the charges of corruption and judicial misconduct.
Controversies
In September 2009, allegations were made against Dinakaran by several members of the Bar Council of IndiaBar Council of India
The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created by Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct and etiquette and exercises disciplinary jurisdiction...
including Former Union Law Minister Ram Jethmalani
Ram Jethmalani
Ram Jethmalani, : राम जेठ्मलानी,: رام جيٺملاڻي born 14 September 1923, in Shikharpur in Sindh, British India) is an Indian lawyer and politician. He has served in various posts such as Union Law Minister and Chairman of Bar Associations...
stating that he had huge assets and land acquisitions in his Hometown Arakkonam more than what was fixed by the Tamil Nadu Land reforms. The lawyers requested Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
Union Law Minister not to appoint Dinakaran as Supreme Court Judge and initiate an enquiry process regarding the allegation. The members wrote a letter to President
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
Pratibha Patil
Pratibha Patil
Pratibha Devisingh Patil is the 12th President of the Republic of India and first woman to hold the office. She was sworn in as President of India on 25 July 2007, succeeding Dr. A.P.J...
, Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...
and Union Law Minister to intervene in this matter.
Justice Dinakaran has not been performing any judicial functions since December 2009 when the Chairman of the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
admitted a motion seeking his removal on charges of corruption and abuse of his judicial office. The Supreme Court collegium headed by Chief Justice K.G. Balakrishnan has decided to replace Justice Dinakaran with Uttarakhand High Court Chief Justice J.S. Khehar, and recommended transfer of Dinakaran to the Sikkim High Court
Sikkim High Court
The Sikkim High Court is the High Court of the state of Sikkim. The history of the court can be traced back to 1955, when the High Court of Judicature Proclamation, 1955 was issued to establish a High Court in Sikkim...
. The Sikkim Bar Association opposes the transfer of Dinakaran to the Sikkim High Court and has asked the Supreme Court to reconsider the proposal, which requires approval from Indian President Pratibha Patil
Pratibha Patil
Pratibha Devisingh Patil is the 12th President of the Republic of India and first woman to hold the office. She was sworn in as President of India on 25 July 2007, succeeding Dr. A.P.J...
.
Resignation
Facing impeachment on charges of corruption and judicial misconduct, Sikkim high court Chief Justice PD Dinakaran resigned on 29th july 2011 expressing "lack of faith and confidence" in the three-member inquiry Committee probing charges against him."Before demitting office, I must confess with a very heavy heart that in spite of my constitutional position, I have been denied fair opportunity to defend myself and my reputation by the Judges Inquiry Committee," he said in a two-page letter of resignation sent to President Pratibha Patil.
61-year-old Dinakaran, a Dalit, also said he had a "sneaking suspicion" that his "misfortune" was because of the circumstances of his birth in the socially oppressed and underprivileged section of the society.