The Supreme Court on Monday stayed a Madras High Court notice to former Supreme Court judge, Justice K.S. Radhakrishnan, author of a 2014 judgment banning jallikattu, for accepting the ‘Man of the Year’ award from People for Ethical Treatment of Animals (PETA).
A Bench of Chief Justice of India J.S. Khehar and Justice N.V. Ramana further issued notice to Salai Chakrapani, a jallikattu enthusiast, who filed the petition.
‘Private citizen’
Justice Radhakrishnan contended that there was no constitutional bar on him receiving such an award after his retirement as Supreme Court judge.
He said he was a private citizen like anyone else. Invoking Section 3 (1) of the Judges (Protection) Act of 1985, Justice Radhakrishnan contended that no court or any forum could initiate civil or criminal proceedings against him for acts done in the course of his judicial functions.
The Madurai Bench of the Madras High Court had recently issued notice to Justice Radhakrishnan on a plea by Mr. Chakrapani.
Mr. Chakrapani argued that bestowing and receiving of the PETA award were indicative of bias as PETA was a party to the jallikattu litigation which culminated in the ban on the sport.
‘Frivolous plea’
Justice Radhakrishnan, represented by senior advocate Siddharth Luthra, termed the plea “frivolous.” His post-retirement activities as a private citizen were not in anyway related to his judicial functions when he was judge.
The Madurai petition had contended that the receipt of the award was in violation of Article 124 (7) of the Constitution.
In response, Justice Radharishnan contended that Article 124 (7) only barred a retired Supreme Court judge from pleading or acting in any court or before any authority within India. The Article was not connected to the acceptance of an award.
