NEW DELHI: Former Supreme Court judge Justice KS Panicker Radhakrishnan has moved the Supreme Court seeking quashing of proceedings against him in the Madurai bench of the Madras HC, which has issued notice to him on a PIL asking him to return a PETA award received in 2015, couple of months after his retirement.
During peak of the pro-jallikattu agitation in Tamil Nadu, a 62 year old agriculturist had filed a petition in the HC alleging that since a bench headed by Justice Radhakrishnan had banned use of bulls in Jallikattu in May 2014 on petitions by Animal Welfare Board of India, PETA, and others, the ex-SC judge committed constitutional impropriety by receiving PETA's 'Man of the Year' award in 2015. He was issued a notice by the high court, on January 31. Agriculturist Salai Chakrapani, alleged that by accepting the award for the verdict, the ex-judge had violated the constitutional provision which bars judges from receiving any favour from anyone for any judgment.
He requested the HC to direct Justice Radhakrishnan to return the award. In response, the Judge rushed to the SC and cited Section 3 of the Judges Protection Act, 1985, which says, "No court shall entertain or continue any civil or criminal proceedings against any person who is or was a judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function." Referring to additional constitutional protection given to judges to independently discharge their duties, Justice Radhakrishnan said the HC had "unfortunately and irrationally" drawn the proceedings without proper application of mind to the provisions of the Constitution and Judges Protection Act.
