Zeenews Bureau
New Delhi: Several Rajya Sabha MPs have initiated a move to get Karnataka High Court Chief Justice PD Dinakaran impeached over allegations of misappropriation of assets.
Sources said at least 66 members of the Upper House have signed a memorandum which will be submitted to the RS Chairman seeking Dinakaran’s removal under Article 217(b) of the Constitution, which is equivalent to 124(4) meant for a delinquent Supreme Court judge.
The Article says: "A judge of the High Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity."
The memorandum cannot be dissolved as it is being moved in the Rajya Sabha.
RS Chairman and Vice President Hamid Ansari, who is likely to receive the memorandum on Wednesday, would then set up a three-member committee headed by an SC judge to probe the charges made by the MPs.
The judge concerned is entitled to a lawyer to defend him.
If the panel finds the allegations against Dinakaran are true, the Chairman would then permit a debate on the committee’s report in the House and finally, put it to vote.
If Dinakaran is impeached, it would only be the second such case in independent India that a sitting judge is removed. SC judge V Ramaswami was the first sitting judge to be impeached in 1991.
A majority of MPs who have signed memorandum are from the CPI(M), BJP and the JD(U).
Following the allegations, Justice Dinakaran`s elevation to the Supreme Court has been put on hold and it may not go through.
The government has also sent back his file to the Supreme Court Collegium to reconsider its decision to elevate him.
