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March 11, 1999

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Controversial judge's farewell function cancelled

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The scheduled farewell party to Justice C Shivappa -- who ceased to be a judge of the Madras high court after President K R Narayanan determined that he had completed 62 years, the age of superannuation, on December 11 last year -- was abruptly cancelled yesterday.

No reason was ascribed for the cancellation.

However, high court sources said a controversy arose over whether Shivappa can sit along with other judges at the function wearing the robe as he had retired in December itself.

Eight senior judges and Advocate General K V Venkatapathy met acting Chief Justice N K Jain in his chamber, discussed the issue and decided not to go ahead with the function.

Shivappa, who had handled politically sensitive cases including the bail pleas of former chief minister J Jayalalitha during his tenure as judge, was, on March 4 last, informed about the communication sent by Union Law Minister Thambidurai stating that the President had determined that he had completed the age of superannuation on December 11 last.

Following a complaint from an advocate of Karnataka -- alleging that Shivappa's date of birth was changed from December 11, 1936 to December 11, 1938 after he became the advocate general of Karnataka -- the President, in consultation with the Chief Justice of India determined his date of birth as December 11, 1936.

Shivappa received the official communication on March 8.

Meanwhile, a section of the advocates, led by N G R Prasad, met the acting chief justice and condemned the decision to cancel the farewell party.

UNI

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