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December 2, 1997
COMMENTARY
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Chief Justice Verma cleared in 'misappropriation' caseThe Supreme Court today exonerated Chief Justice J S Verma of the allegation that he had committed criminal misappropriation of public funds by illegally withdrawing the daily allowance of Rs 250 when he was chief justice of the Rajasthan high court. ''The findings recorded by Justice B J Sethna of the Rajasthan high court lacks procedural propriety, factual accuracy and legal authenticity,'' the court observed, while allowing the Rajasthan government's appeal against Justice Sethna's judgment. Justice Sethna had made derogatory remarks against Chief Justice Verma and Rajasthan high court Chief Justice Mukul Gopal Mukherji while dealing with a case concerning allotment of government accommodation to high court judges. In a 61-page judgment, a three-judge bench of the apex court, comprising Justices A S Anand, M K Mukherjee and K Venkataswamy, observed that ''the finding is wholly incorrect, legally unsound and makes the motive of the author (Justice Sethna) not above personal pique, so wholly taking away the dignity of the judicial process.'' The judges said the disparaging and derogatory comments made in the most intemperate language in the impugned judgment did not do any credit to the high office of a high court judge. Justice Anand, who delivered the judgment on behalf of the court, ruled that all observations, comments, insinuations, allegations and orders made by Justice Sethna in the impugned judgment were illegal, misconceived and without jurisdiction. The apex court, therefore, quashed all the directions, issued by Justice Sethna, and expunged the derogatory remarks made by him. Justice Anand said the finding recorded by Justice Sethna said Chief Justice Verma has, till his elevation to the apex court, ''illegally'' drawn a daily allowance of Rs 250 while sitting at Jaipur. He, therefore, committed ''criminal misappropriation of public funds'', lacked procedural propriety, factual accuracy and legal authenticity. Justice Anand said that Justice Sethna's direction to issue a show cause notice to Chief Justice Mukherji was wholly unwarranted, unjustified and legally unsustainable. The notice, issued after Justice Sethna was taken away from the high court judges's accommodation case, was quashed and set aside. UNI
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