THE LAWFILE

I am a victim of politics and legal system: Justice Dinakaran

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A day after resigning as theSikkim Chief Justice, Justice P. D. Dinakaran on Saturday said that he has been made a victim of a conspiracy hatched by politicians and the legal system.

Stating that the politicians and the legal system have pushed him into this situation, Justice Dinakaran said: “I am the victim of the whole system- political, executive and also partly the legal system. I expected the rule of law would be available to me. Rule of law is not maintained here. Process of natural justice has been thrown into the air.”

Justice Dinakaran, who is facing impeachment allegedly on charges of corruption and judicial misconduct, in his resignation submitted to President Pratibha Devisingh Patil said that he had been denied fair opportunity to defend himself and his reputation by the Judges Inquiry Committee.

He said he had a suspicion that his misfortune was because of the circumstances of his birth in the socially oppressed and underprivileged section of the society.

Justice Dinakaran, born into a Dalit-Christian family of agricultural background, however, clarified that it was a reference to his rural background and not the caste.

“These people (vested interests) will not tolerate that a man from agriculture community rises into such a high position. This is what I meant when I wrote (in my resignation letter) that I am from underprivileged section. Some people have accused me of using communal language but I am not playing the Dalit card. I want to make it sure. Rural people are still underprivileged in this country,” he said.

The charges against Justice Dinakaran include land grabbing, accumulation of unaccounted assets, passing judicial order for extraneous considerations, following which his elevation to the Supreme Court was also stalled.

He noted the land in contention is his ancestral property.

“The properties were purchased prior to my elevation, yet charges were framed against me. The properties were owned by relatives from 1993, 1994 onwards. There was a repeated exchange of gifts and advances within the families. How does this become illegal? I don’t know how this is illegal,” said Justice Dinakaran.

61 year-old Justice Dinakaran, who was due to retire on May 5, 2012, said that he resigned to show his moral integrity.

“I do not have any lust for position or power. Nor do I intend to adopt tactics or protract the proceedings. If you think by doing all these things I want to continue for another eight months, I am prepared to quit and show my bonafide that I am not such a person,” said Dinakaran.

He said he had lost faith in the fairness of the procedure adopted by the inquiry committee, headed by Supreme Court judge Justice Aftab Alam, as it had decided to go ahead with the proceedings without awaiting the result of his petition challenging the entire process of inquiry.

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