SC stays HC proceedings on PIL for return of ex-judge's award

Supreme Court today stayed the proceedings in Madras High Court on a petition seeking a direction for the former apex court judge K S Radhakrishnan, who in 2014 had delivered a judgement banning bull-taming festival of Jallikattu in Tamil Nadu, to return the award given to him by animal rights' body PETA.
A bench comprising Chief Justice J S Khehar and Justice N V Ramana sought reply from an agriculturist from Tamil Nadu on an appeal by the former judge who sought the stay of the high court notice to him on the issue.
The high court had issued notice to Justice Radhakrishnan on the petition filed by 62-year-old agriculturist, who had alleged that the former Supreme Court judge had committed constitutional impropriety by receiving PETA's 'Man of the Year' award in 2015.

Senior advocate Sidharth Luthra, appearing for the former judge, submitted that he had become a private person after retirement and assailed the high court order issuing notice to him.
The petition in the Madurai bench of the Madras high court was filed when the pro-jallikattu agitation in Tamil Nadu was at its height.
The petitioner has alleged 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, People for Ethical Treatment of Animals (PETA) and others, he had committed constitutional impropriety by receiving PETA's 'Man of the Year' award in 2015.

The HC had issued notice to the ex-judge on January 31.

The agriculturist, Salai Chakrapani, had alleged that by receiving the award for a judgment, the ex-judge had violated the constitutional provision which bars judges from receiving any favour from anyone for any judgment.
Justice Radhakrishnan, in his petition, contented that under Section 3 of Judges Protection Act, 1985, "No court shall entertain or continue any civil or criminal proceeding 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."

He also submitted that high court had initiated the proceedings without proper application of mind to the provisions of the Constitution and Judges Protection Act.
The former judge has submitted that he was felicitated as 'Man of the Year' at a function organised by PETA on February 7, 2015, nearly nine months after he had retired from the apex court.