Hours before a three-member inquiry committee was scheduled to hear the case for his impeachment,Sikkim High Court Chief Justice P D Dinakaran on Tuesday moved the Supreme Court alleging bias against one of the members.
Justice Dinakaran sought the recusal of senior advocate P P Rao,who is part of the panel headed by Supreme Court judge Justice Aftab Alam,inquiring into charges of alleged land grabbing and possession of wealth disproportionate to income against the judge.
He said there was likelihood of bias in the inquiry as Rao had earlier campaigned against him and was part of a delegation of lawyers which met the then Chief Justice of India K G Balakrishnan in 2009 to oppose his elevation to the Supreme Court.
If there is reasonable likelihood of bias it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done, the petition submitted.
The impeachment hearing at Vigyan Bhawan was adjourned to Wednesday as the panels counsel U U Lalit sought time to study Dinakarans reply,filed on Tuesday,and further see whether the Judges Inquiry Act,1968 allows any further amendment of the charges.
Dinakarans lawyers objected to media presence in the courtroom and suggested that proceedings be held in-camera.
The panel had on April 24 rejected Dinakarans plea against Rao saying the objection should have been raised at the start of the proceedings.
Rao did not participate in the meeting when this application was discussed.