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Justice Sethna at the centre of a storm, again

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  • Justice (retd) Behram Jahanbux Sethna is no stranger to the spotlight. This time it’s been trained on him owing to his appointment as chairman of an Inquiry Commission to probe and “stop” the “polarisation of the population” of different communities in Gujarat from August 15, 1947 until date. While this exercise itself has been criticised by NGOs and human rights activists as being aimed at harassing the minorities and blaming them for “ghettoisation”, the appointment of Sethna has raked up a controversy too. Already, Jan Sangharsh Manch representative and senior advocate Mukul Sinha has declared that he will take up the matter of the retired judge’s “questionable background” with the Government.

    His allegations stem from the time Justice Sethna made headlines owing to several controversies during his stints as judge of the Gujarat and Rajasthan high courts.

    One of the several times he became the focus of national attention was in January 2004, when as part of a two-judge Bench judge of the Gujarat High Court, he upheld the judgment of the Vadodara fast-track court, acquitting all the 21 accused in the Best Bakery case.

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    However, the Supreme Court not only rejected his verdict but ordered a fresh trial by a special court in Mumbai.

    Justice Sethna was in the eye of a judicial storm again when on January 11, 2007, he allegedly assaulted another judge, P B Majumdar. Incidentally, just days before this incident, Sethna caused quite a flutter when a video clip of him flexing his muscles — he is a body builder — appeared in an advertisement clip for a gym.

    The scuffle between the two judges allegedly occurred when they were out for a morning stroll. Though Justice Majumdar avoided lodging an FIR, he complained to the Gujarat High Court’s Chief Justice in writing saying “Sethna had done badtamizi (misbehaviour)” with him. Sethna refuted the allegations, saying that the other judge harboured a grudge against him because he had passed a critical order against Majumdar’s advocate son, who, alleged Sethna, was representing in a matter which had been heard earlier before his father.

    Soon, the alleged brawl between the judges became the reason for both their transfers, although Sethna requested the Chief Justice for a probe into the matter. Instead of going through with the transfer to Sikkim HC, Sethna resigned.

    But there was trouble even before. In 1994, he was pulled up by the Supreme Court for hearing a case in which he had himself appeared as an advocate. In 1997, he was accused of “bad behaviour” with the bar by the Gujarat High Court Advocates Association, following which he was transferred to the Rajasthan High Court.

    Even there, he caused a stir in September 1997, when he issued a contempt notice against Chief Justice of Rajasthan High Court M G Mukherjee. The provocation for the contempt notice was Justice Mukherjee transferring a criminal case that had been partly heard by Justice Sethna to a Division Bench for further hearing. However, contempt orders were stayed by the apex court.

    And now, even though he resigned back in April 2007, Justice Sethna continues to occupy the sprawling bungalow in Judges Colony here. A High Court official, when contacted, said that Justice Sethna had been given an extension to reside in the official bungalow by the previous Chief Justice of Gujarat. However, senior advocate Yatin Oza said that no judge could continue to occupy the official residence beyond two months of retirement or resignation, and if he or she indeed did so, should pay the market rent.

    Justice Sethna, meanwhile, refused to comment.

    Here comes the cat out!By: Jem Hassan | 09-Jul-2009 Reply | Forward It is quite surprising to know that a resigned judge is occupying a residence which is bound for some other judge...and how can a state govt appoint such tamed judge for this kind of sensitive issue?...this rises the question on Modi's intension for going after the reasons...definitely, this judge will come up with accusations on minorities for the reasons of religious polarisation...from reading IE remarks on this judge makes things clear and how arrogant and disrespectful person he is...
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