Saturday 26 January 2013

Northeast is no dumping ground

Published in The Arunachal Times, Arunachal Front, The Roing Times, Sinlung on 7th April 2010

(Nending Ommo)

The Central Government has time and again asserted that Northeast India is an integral part of India and that government accords highest priority to the development of Northeast. In his latest visit to the state of Arunachal Pradesh, Prime Minister Manmohan Singh expressed his confidence that the Northeastern states would emerge as one of the best regions of the country. All said and done, why double standard demeanour and step motherly treatment to the region?

The news hitting the national headlines about transferring of tainted Justice P D Dinakaran to Sikkim High Court is a fiery issue amongst the legal fraternity. For who do not know who he is, Justice Paul Diwakar Dinakaran was Chief Justice of Karnataka High Court till last week. 

The 59-year-old Dinakaran was among five judges recommended to the government by the Supreme Court collegiums of judges, which is like a politburo, for a promotion to the Supreme Court last year.  Allegations of corruption and the illegal acquisition of land by Dinakaran and his family in Tamil Nadu led to the recommendation to be cancelled. He was accused of “possessing wealth disproportionate to known sources of income, unlawfully securing five housing board plots in the name of his wife and two daughters, entering into benami transactions, and acquiring and possessing agricultural holdings beyond ceiling limit”.  

While the inquiry against him was being carried on and though he was not performing judicial functions but administrative works only since last December, the collegiums asked Dinanakran to go on a long vacation so that another judge Madan B Lokur could take over as Acting Chief Justice since an Acting Chief Justice can only assume charge only if the Chief Justice proceeds on leave. But Dinakaran apparently refused to comply. In helplessness and in haste the collegiums sent to the Centre for approval of the President to transfer him to Sikkim High Court as its Chief Justice. The move was seen as punishment.  
 
In December, the Rajya Sabha admitted a motion backed by members of different political parties to impeach Dinakaran. If he is found guilty, he can be impeached by the Parliament.

Before transferring him to Sikkim HC, there were rumours that Justice Dinakaran was to be transferred to Gauhati High Court. These rumours sparked protests, with Assam’s lawyer body taking to the streets in opposition to his transfer. This is not the first time a transfer to the Gauhati High Court was met with protest. A similar situation arose when three Judges of the Karnataka High Court, Justices V. Gopala Gowda, N.S. Veerabhadraiah and Chandrashekaraiah, in focus during the Mysore sex scandal popularly known as the ‘Roost’ sex scandal were rumoured to be transferred to Gauhati High Court.  

Ironically, instead of removing the tainted judge, the Centre is showing it’s helplessness in disciplining the judge by transferring him to Sikkim as if it was Sikkim’s fault in his corruption. 

The $ 64,000 dollar question is, is the move justifiable? Punish him, why punish Northeast. Is Northeast the present day Kaalaa Paani that tainted judges and others be deported here? Is Northeast seen as a punishment posting? Here I am not singling out Sikkim nor the legal fraternity per se for the reason that if it can happen to Sikkim and legal system, it can happen to any one of the North eastern states and in any department and it can indeed very much happen to and in Arunachal. We are no dumping grounds, let us be sentient and show our logical resistance for common good.   


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