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The government is mulling the transfer of Karnataka High Court Chief Justice P D Dinakaran to another high court in the wake of his defiance to not proceed on leave as advised by the Supreme Court collegium.
Sources said that the collegium headed by Chief Justice K G Balakrishnan has suggested to the government that it consider the option of shifting Dinakaran, but there has been no official word on it. The collegium has conveyed its decision to the law ministry, said the sources.
There is speculation that Dinakaran may be moved to a high court in a north-eastern state. After the collegium's decision, senior advocate Shanti Bhushan had said that Justice Dinakaran could defy the collegium's advice to go on leave. He added that an acting chief justice can only assume charge if the chief justice proceeds on leave.
Sources said that one of the members of the collegium had tried to persuade Dinakaran to abide by the advice of the collegium. Law Minister M Veerappa Moily had on Thursday stated that Dinakaran is not above the law.
"The hand of the law is quite long enough to catch anyone. I don't think Justice Dinarakan is above the law, or he is beyond the reach of the law," he had said when asked about Justice Dinakaran's refusal to go on leave.
The 59-year-old Karnataka high court chief justice has not been performing judicial functions after Rajya Sabha Chairman Hamid Ansari admitted a motion in December seeking his removal on charges of corruption, land-grab and abuse of judicial office. He has repeatedly denied the allegations.
The collegium has also cleared the name of the Acting Chief Justice of the Delhi High Court Justice Madan B Lokur to be appointed as the acting chief justice of the Karnataka high court.