Justice B J Shethana and Justice P B Majumdar, the two Gujarat High Court judges who were involved in a public squabble about a month ago, are beingtransferred outside the state, Law Ministry sources indicated today.
Justice Shethna, who had allegedly showed his fist and "tried to attack" Justice Majmudar at his residence on January 11 following an altercation, has beentransferred to Sikkim High Court, the sources said.
Deeply offended by the unseemly behaviour of the two judges, a collegium of judges of the Supreme Court also decided to transfer Justice Majumdar to a high court other than where Justice Shethna is beingsent. .
Both the judges, when questioned by the collegium for their behaviour, had defended their position. Alleging discrimination and vindictiveness of his colleagues, Justice Shethna also reportedly threatened to resign if he wastransferred. At one stage, he denied having raised his hand his colleague.
Advertisement
Just three days before the skirmish, the former president of the GujaratHigh Court Bar Association had sent a petition to the then Chief Justice ofIndia, Y K Sabharwal, objecting to Justice Shethnaposing for a local health club.In the 50-second advertisement clip for ParsanaFitness and Gym, Justice Shethna is shown pumping iron and flexing his muscles.
The decision to transfer both the judges has been taken so that one may not think that he has been discriminated against because of other. Moreover, removing both of them from Gujarat High Court seemed the best way out of the embarrassment they caused to the judiciary at large," the sources said.
Advertisement
Full text of the letter by Justice PB Majmudar of Gujarat High Courtto the Chief Justice of Gujarat High Court, YR Meena, on January 11, complainingabout Justice BJ Shethna, a copy of which was also sent to Chief Justiceof India KG Balakrishnan:
***
During my entire judicial career, I have never written any letter of any kind toany of the judges or to the Chief Justice. However, with a heavy heart, I amconstrained to write this letter to Your Lordship as the atmosphere at presentis such that no Judge of this High Court is in a position to discharge theirduties fearlessly.
Today morning, whatever happened, has already been narrated to Your Lordship byme at your Lordship's bungalow in the morning, but I would like to put it inblack and white. Today, when I was returning from my morning walk along with mywife in my car, Justice Shethna asked me to wait and stopped my car, and thenstarted talking with me and my wife. He addressed my wife, Mayuri, how are you?Why the flowers in the car are not fresh and tried to take little bit libertywith my wife for which I would not like to give any details.
Though I was little bit annoyed, at that time I did not say anything. Thereafterhe asked me to park my car and start walking in the High Court Judges' facility.
Reluctantly, I joined him in such walking. At that time, he started saying as towhy I am not coming to his house though I have come to stay in the Judges'bungalow. I told him frankly that he is not that close with me that I shouldvisit his house. He then stated that a few days back, he came to my house, and Ireplied that I could not have prevented his entry into my house.
As we were strolling in the lane, at that time, Mrs Shethna also met us on theway as she was going out. She also stated as to why we are not coming to theirhouse. I said that she should better ask Mr Shethna for that.
Thereafter, Justice Shethna compelled me to come to his house and physicallydragged me to his compound as he is physically stronger as compared to me."
"Thereafter, he said that he is not maintaining any relations with hisson and brother (who are advocates).
I told him that I cannot believe that a father may not have any relations withhis son or a brother with his elder brother and that he is saying so only tomake a show that he has no one and a person need not be a hypocrite.
Thereafter, he started saying that his brother,Kersasp (K J Shethna) is a bogusperson and therefore he is not keeping any relations with him and his brother isa 'gunda'. I told him that I am not prepared to believe him and further told himthat I am not a hypocrite like him to say that I have no relations with myfamily members.
Thereafter, he told me that in my presence, he will talk to his brother whetherhis brother is not coming to his house because he has no cordial relations withhim and saying that he immediately rang his brother on mobile (KJ Shethna) andtold him that Pradip (myself) is saying that we are only making a show that youare not coming to his house and asked him whether it is correct or whethergenuinely he is not coming to his house as they have no cordial relations.
After talking to his brother on phone, he immediately gave his mobile phone inmy hand asking me to talk to his brother. I told his brother that JusticeShethna is saying that you have no cordial relations with him and that you are agunda.
At this, Justice Shethna snatched away the mobile from my hand, and shouted"Get Out". Justice Shethna thereafter tried to attack me bythreatening a fist blow and showed as if he was going to hit me and startedshouting loudly
in such a manner that the entire neighbourhood could hear his voice.
I told him that I have not come to his house on my own, but he has dragged me tohis house and though I am not as
strong as him, that should not mean that I will tolerate any assault. He told methat he is physically stronger and I may suffer fractures if he delivers a fistblow.
At this, I had raise my voice and tell him that though I am weaker physically, Iwill not tolerate assault. I also told him that I have not come to his house andit was he who physically dragged me into his house. However, I immediately ranaway from his house to avoid any kind of physical assault. When I was going tomy house, Brother Justice Kapadia met me and I narrated the incident to him.Thereafter, I immediately came to your lordship’s bungalow and asked foradvice, as to whether I should file a criminal complaint, but My Lord statedthat I may not do so, but may give in writing as filing of such complaint mayspoil the atmosphere.
With due deference to your Lordship, I refrain myself from filing any complaint.I have informed your lordship orally in the morning as I believe that as ajudge, I am required to discharge my judicial functions without any fear orfavour.
I am writing this letter as your lordship is the Trustee of this Institution. Tofind out the truth, I will take whatever follow up action as may be suggestedand if your lordship needs any further information, please let me know and Ishall do so immediately."
