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"The independence of the judiciary is at stake"

So remarked Justice C Shivappa, when asked about the communication from Union Minister M Thambidurai stating the President had determined that he completed 62 years, the age of superannuation, on December 11, 1998.

Talking to newspersons at his residence in Madras, Shivappa, who is now on leave, said political authorities directly sending such communication was not correct. It would affect the "morale of 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 and hence some mistake must have happened somewhere. My horoscope and school certificates were accepted. My proof of age was accepted in the central list when I was appointed the Central government standing counsel. The proof of age was also accepted in the Karnataka list when I was appointed the advocate general of Karnataka high court," he said.

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.

He said the communication was not justifiable. 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.

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