The lawyers echoed Justice Shivappa's sentiments and said the one-day boycott was to `protect the independence of the judiciary and not to support any individual'. Commenting on the government move, Justice Shivappa today said the decision was not totally impartial and that the independence of judiciary was at stake. Justice Shivappa also said that the correction in his age was made in 1985, before he became a judge.

Yesterday, Union Minister M Thambidurai had sent a fax to the judge stating that the President had determined that he had completed 62 years, the age of superannuation on December 11, 1998.

There was lot of drama in the courtrooms today as immediately after `adopting' the resolution amidst chaos and stoutopposition from the AIADMK advocates, the other advocates owing allegiance to different political parties went to all the courts and informed the judges and the lawyers attending cases about their decision of boycott. While some judges readily responded, some told the advocates that those who are willing to carry on work may do so and the others can go.

Talking to newspersons at his residence here, Justice Shivappa said the manner in which the communication was sent clearly indicated that the independence of the judiciary was at stake.

He said political authorities directly sending such communication was not correct. It would affect the "morale of the judges handling politically sensitive cases".

"I was asked to submit my explanation in October last year and I gave para-wise explanation in November last. Before taking a decision, I should have been given an opportunity", he contended.

He said being a judge, he could not ask the President to give him an opportunity. "I studied in a village school andhence some mistake must have happened somewhere. All my horoscope, school certificates were accepted. My proof of age was accepted in the central list when I was appointed as the Central Government standing counsel. Proof of age was also accepted in the Karnataka list when I was appointed as advocate general of Karnataka high court.

He said the correction in his date of birth (from December 11, 1936 to December 11, 1938) was done in 1985, before he became a judge. The belated move after several years was really surprising, he added.

The decision is also not totally impartial as it has not been issued by a constitutional functionary, but only a letter has been issued in the name of a Central Minister who is a litigant before a court and belongs to a particular party,' he said in an interview to a private television channel.

Stating that he was yet to receive the order, the judge said he was `entitled to know what reasons (had been cited) for it.'

Asked about his future course of action, Shivappa saidthat he had been thinking whether `my office of the judgeship, held in high esteem by the people, the same court where I presided over or any other court, be made a litigant. The question that is haunting me whether it will bring down the image (of judgeship)', he said.

He said the communication was justifiable and he would decide on his next move only after receiving the official communication, keeping in mind the sentiments of the bar and the dignity of the institution.

It is learnt that Justice Shivappa today applied for long leave (till summer vacation) but acting Chief Justice N K Jain has rejected it. Meanwhile, advocate A Sirajudeen has filed a writ petition to restrain the Chief Justice of the Madras High Court from giving effect to the communication retiring Justice Shivappa and to direct the CBI to conduct a detailed investigation into the antecedents of the communication. His interim prayer is to restrain the Secretary, Union Law Ministry from implementing the communication.