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{{EngvarB|date=September 2014}}
{{Use dmy dates|date=September 2014}}
{{Infobox Judge
| image =
| name = P. D. Dinakaran
| imagesize =
| caption =
| office = Chief Justice of the [[Sikkim High Court]]
| termstart = 8 August 2008<ref>{{cite web|url=http://www.zeenews.com/news461006.html|title=PD Dinakaran sworn in as Karnataka CJ}}</ref>
| termend = 29 July 2011<ref name="Justice Dinakaran resigns"/>
| nominator =
| predecessor = Barin Ghosh
| successor = Permod Kohli
| birth_date = 9 May 1950<ref name="kar_jud">{{cite web|url=http://karnatakajudiciary.kar.nic.in/bio_data/sitting_judges/cj_pddj.htm|title=Profile of Paul Daniel Dinakaran on Karnataka High Court website|url-status=dead|archiveurl=https://web.archive.org/web/20090923164703/http://karnatakajudiciary.kar.nic.in/bio_data/sitting_judges/cj_pddj.htm|archivedate=23 September 2009|df=dmy-all}}</ref>
| birth_place = [[Arakkonam]], Tamil Nadu
| death_date =
| death_place =
| spouse =
}}

'''Paul Daniel Dinakaran Premkumar''' (born 9 May 1950) was the [[Chief Justice]] of the [[Sikkim High Court]]. He resigned from the post following allegations of corruption and subsequent [[impeachment#India|removal]] proceedings.<ref name="Justice Dinakaran resigns"/>

== Childhood and education ==
P.D Dinakaran was born in a [[Christian]] family at [[Arakkonam]], [[North Arcot]] (now [[Vellore District]]).<ref>{{Cite web|date=2009-09-23|title=Dinakaran targeted for being a South Indian and a Dalit |url=https://indianexpress.com/article/news-archive/web/dinakaran-targeted-for-being-a-south-indian-and-a-dalit/|access-date=2020-06-02|website=The Indian Express|language=en}}</ref> He did his schooling and then attended the [[Madras Christian College]], [[Chennai]] and studied chemistry. He obtained his Masters in [[Political Science]] and [[Public Administration]] and [[Bachelor of Law]] Degree from [[Madras Law College]].<ref name="kar_jud" />

==Career==
He started his career in [[Madras High Court]]. He also practised in the State and Central Administrative Tribunals at Madras. He served as [[Legal Adviser]] and Standing Counsel for [[Pondicherry University]] and for several State owned Corporations, such as [[TASMAC|Tamil Nadu State Marketing Corporation]] (TASMAC), Tamil Nadu Sugar Corporation, Tamil Nadu Sugar Federation Limited, Tamil Nadu Co-operative Milk Producers Federation (Aavin).<ref name="kar_jud" />

He was also standing counsel for various religious institutions, such as [[Church of South India|Churches of South India]], Madras Diocese and Coimbatore Diocese and [[Tiruttani|Sri Subramania Swami Temple, Tiruttani]] and for several Local Bodies, Educational Institutions, Teacher's Federations, Agriculturists Associations, Marketing Societies and Social Organisations.<ref name="kar_jud" />

On 28 August 2009, the [[Supreme Court of India]] announced that Dinakaran would be elevated to a [[Supreme Court of India#Sitting judges of the court|Supreme Court Judge]], but this was halted due to allegations of corruption and surrounding controversy.<ref>{{cite news|url=http://timesofindia.indiatimes.com/india/SC-asks-Karnataka-Chief-Justice-Dinakaran-to-go-on-leave/articleshow/5756749.cms|title=SC asks Karnataka Chief Justice Dinakaran to go on leave|date=3 April 2010|newspaper=[[The Times of India]]}}</ref> Dinakaran subsequently refused to go on leave when asked by [[Chief Justice of India]] [[K.G. Balakrishnan]] and was transferred to the [[Sikkim High Court]].<ref>{{cite news|url=http://timesofindia.indiatimes.com/india/Dinakaran-to-go-to-Sikkim-protests-begin/articleshow/5779584.cms|title=Dinakaran to go to Sikkim, protests begin|date=10 April 2010|newspaper=[[The Times of India]]|first1=Dhananjay|last1=Mahapatra}}</ref> On 29 July 2011 he resigned from the post of Sikkim High Court Chief Justice. He was facing impeachment allegedly on the charges of corruption and judicial misconduct.<ref name="Justice Dinakaran resigns">{{cite news|url=http://economictimes.indiatimes.com/news/politics/nation/i-am-a-victim-of-politics-and-legal-system-justice-dinakaran/articleshow/9423077.cms | work=The Times of India | title=I am a victim of politics and legal system: Justice Dinakaran | date=30 July 2011}}</ref>

==Controversies==
In September 2009, allegations were made against Dinakaran by several members of the [[Bar Council of India]] including Former Union Law Minister [[Ram Jethmalani]]<ref>{{cite news|url=http://www.tribuneindia.com/2009/20090915/main3.htm|title=Judge's integrity in question|date=14 September 2009|newspaper = [[The Tribune (Chandigarh)|The Tribune]]}}</ref> stating that he had huge assets and land acquisitions in his Hometown Arakkonam more than what was fixed by the Tamil Nadu Land reforms. The lawyers requested [[Chief Justice of India]] and Union Law Minister not to appoint Dinakaran as Supreme Court Judge and initiate an enquiry process regarding the allegation. The members wrote a letter to [[President of India|President]] [[Pratibha Patil]], Prime Minister [[Manmohan Singh]] and Union Law Minister to intervene in this matter.<ref>{{cite news|url=http://www.hindu.com/2009/09/16/stories/2009091653530100.htm|archive-url=https://web.archive.org/web/20090917070321/http://www.hindu.com/2009/09/16/stories/2009091653530100.htm|url-status=dead|archive-date=17 September 2009|title=CJI summoned Justice Dinakaran to Delhi|newspaper=[[The Hindu]]|date=16 October 2009|location=Chennai, India}}</ref><ref>{{cite news|url=http://www.outlookindia.com/article.aspx?261852|title=Issues of deep concern|date=16 September 2009|newspaper=[[Outlook India]]}}</ref>

Justice Dinakaran had not been performing any judicial functions since December 2009 when the Chairman of the [[Rajya Sabha]] admitted a motion seeking his removal on charges of corruption and abuse of his judicial office.<ref>{{cite news|url=http://www.hindu.com/2010/04/03/stories/2010040363460100.htm|archive-url=https://web.archive.org/web/20100406164337/http://www.hindu.com/2010/04/03/stories/2010040363460100.htm|url-status=dead|archive-date=6 April 2010|title=Justice Dinakaran asked to go on leave|newspaper=[[The Hindu]]|date=3 April 2010|location=Chennai, India}}</ref> The Supreme Court [[collegium]] headed by Chief Justice K.G. Balakrishnan had decided to replace Justice Dinakaran with [[Uttarakhand High Court]] Chief Justice [[JS Khehar]],<ref>{{cite news|url=http://www.thehindu.com/news/national/article393299.ece|title=J.S. Khehar to replace Dinakaran in Karnataka|newspaper=[[The Hindu]]|date=10 April 2010|location=Chennai, India}}</ref> and recommended transfer of Dinakaran to the [[Sikkim High Court]].<ref>{{cite news|url=http://www.hindu.com/2010/04/25/stories/2010042555161300.htm|archive-url=https://web.archive.org/web/20100504064058/http://www.hindu.com/2010/04/25/stories/2010042555161300.htm|url-status=dead|archive-date=4 May 2010|title=Dinakaran not above law: Moily|newspaper=[[The Hindu]]|date=25 April 2010|location=Chennai, India}}</ref> Later, Prime Minister Manmohan Singh questioned about the desirability of shifting Chief Justices. The Law Ministry returned the file to the collegium for consideration afresh. As a result, the collegium, headed by the then incumbent Chief Justice of India, S.H. Kapadia, met and reconsidered the whole issue and stuck to the earlier decision to shift the Chief Justices.<ref name="Justice Dinakaran shifted to Sikkim High Court">{{cite news | url=http://www.thehindu.com/news/states/karnataka/article542259.ece | title=Justice Dinakaran shifted to Sikkim High Court | date=30 July 2010 | accessdate=15 January 2012 | location=Chennai, India | work=The Hindu | first=J. | last=Venkatesan}}</ref> The Sikkim Bar Association opposed the transfer of Dinakaran to the Sikkim High Court and asked the Supreme Court to reconsider the proposal, (which requires approval from Indian President [[Pratibha Patil]]). The Sikkim Bar Association president D R Thapa had asked ''"How come the person be fit to be discharge judicial duties in one state if he has not been found worthy of doing the same in another state?"''<ref>{{cite news|url=http://www.thehindu.com/news/national/other-states/article392924.ece|title=Sikkim Bar Association protests Dinakaran's transfer (to Sikkim) |newspaper=[[The Hindu]]|date=9 April 2010|location=Chennai, India}}</ref><ref>{{cite news|url=http://www.hindu.com/2010/04/30/stories/2010043054251300.htm|archive-url=https://web.archive.org/web/20121107114907/http://www.hindu.com/2010/04/30/stories/2010043054251300.htm|url-status=dead|archive-date=7 November 2012|title=Supreme Court collegium sticks to shifting Justice Dinakaran to Sikkim|newspaper=[[The Hindu]]|date=30 April 2010|location=Chennai, India}}</ref>

==Impeachment proceedings and resignation==
Facing impeachment on charges of corruption and judicial misconduct, he resigned from the post of Sikkim high court Chief Justice on 29 July 2011 expressing "lack of faith and confidence" in the three-member inquiry Committee probing charges against him.<ref name="Justice Dinakaran resigns"/>

"Before demitting office, I must confess with a very heavy heart that in spite of my constitutional position, I have been denied fair opportunity to defend myself and my reputation by the Judges Inquiry Committee," he said in a two-page letter of resignation sent to President Pratibha Patil.<ref name="Justice Dinakaran resigns"/>

Justice Dinakaran, a Dalit, also said he had a "sneaking suspicion" that his "misfortune" was because of the circumstances of his birth in the socially oppressed and underprivileged section of the society.<ref name="Justice Dinakaran resigns"/>

This opinion of his at the time of resignation is surprising to say the least because of following facts:
# At first, [[Supreme Court of India]] had decided to elevate him as a Judge of the [[Supreme Court of India]].
# Then cases of misconduct and corruption were alleged against him by Chennai-based Forum for Judicial Accountability, in September 2009. These allegations were confirmed by the Tiruvallur Collector in two reports. Only after this, the [[Supreme Court of India]] collegium dropped Justice Dinakaran's name for elevation.
# Thereafter on a complaint from 76 members of Parliament, the Rajya Sabha chairman admitted a motion for the removal of Justice Dinakaran.
# After that, Rajya Sabha chairman Hamid Ansari had in January 2010 constituted the three-member panel comprising Supreme Court Justice [[Aftab Alam (judge)]], Karnataka High Court Chief Justice J S Khehar and senior advocate P P Rao to examine the 12 charges framed in the notice of motion adopted by the House.
# [[Supreme Court of India]] bench headed by a very senior judge, Justice [[GS Singhvi]] permitted Dinakaran's plea seeking Rao's removal just on the ground that Rao was biased against him. However, the same bench refused to quash the charges framed by three-member panel saying ''"They are legally trained minds who can detect the fabricated material. In fact, it (three-member panel) would offer protection to a judge also from baseless allegations,"''<ref name="SC lifts justice Dinakaran’s impeachment proceedings">{{cite news | url=http://www.firstpost.com/fwire/sc-lifts-justice-dinakarans-impeachment-proceedings-36574.html | title=SC lifts justice Dinakaran's impeachment proceedings | date=5 July 2011 | accessdate=15 January 2012}}</ref>

Mysteriously, on 4 August 2011, Justice Dinakaran had a "change of heart" and wrote to the law ministry seeking to withdraw his resignation. But the ministry rejected his request.<ref name="Justice Dinakaran bid to get back job rejected">{{cite news | url=http://articles.timesofindia.indiatimes.com/2011-08-12/india/29879804_1_justice-dinakaran-sikkim-high-court-sikkim-hc | archive-url=https://archive.today/20130103141049/http://articles.timesofindia.indiatimes.com/2011-08-12/india/29879804_1_justice-dinakaran-sikkim-high-court-sikkim-hc | url-status=dead | archive-date=3 January 2013 | title=Justice Dinakaran bid to get back job rejected | date=12 August 2011| work=[[The Times of India]]  | accessdate=15 January 2012 }}</ref> However, his pre-emptive resignation did manage to scuttle the probe against him as the chairman of [[Rajya Sabha]], [[Hamid Ansari]], quietly buried the inquiry committee citing Dinakaran's resignation in July.<ref name="Dinakaran's pre-emptive resignation scuttles probe">{{cite news | url=http://timesofindia.indiatimes.com/india/Dinakarans-pre-emptive-resignation-scuttles-probe/articleshow/10201564.cms | title=Dinakaran's pre-emptive resignation scuttles probe | work=Times of India | date=2 October 2011 | accessdate=16 January 2012}}</ref>

== Post retirement benefits ==
On 15 January 2012, it became public through an RTI query that Justice Dinakaran along with his other colleague facing similar accusations Justice [[Soumitra Sen]] will keep getting their post-retirement benefits, even though they resigned ahead of impeachment proceedings against them, as there are no Constitutional or statutory provisions restricting their entitlements in such a scenario.<ref name="Dinakaran, Sen to get retirement perks">{{cite news | url=http://www.deccanherald.com/content/219583/dinakaran-sen-get-retirement-perks.html | title=Dinakaran, Sen to get retirement perks | date=15 January 2012 | accessdate=16 January 2012}}</ref>

==See also==
* [[Soumitra Sen]] – former High Court judge of who became the first judge to be impeached by Rajya Sabha.
* [[V. Ramaswami]] – former Supreme Court judge who became the first judge against whom Parliament initiated impeachment proceedings.

==References==
<references/>

{{authority control}}

{{DEFAULTSORT:Dinakaran, Pd}}
[[Category:1950 births]]
[[Category:Living people]]
[[Category:20th-century Indian judges]]
[[Category:Judges of the Karnataka High Court]]
[[Category:People from Vellore district]]
[[Category:Impeached Indian officials]]
[[Category:Chief Justices of the Sikkim High Court]]

P. D. Dinakaran - Revision history

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