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.

... contd.