Justice KS Radhakrishnan, who presented the landmark judgment banning bull-taming sport jallikattu, has moved the SC against a notice released by the Madurai bench of Madras High Court in relation to the PETA award he received in 2015.
The Madurai bench issued the notice to Justice Radhakrishnan, Secretary to President of India, Ministry of Law and Justice and People For Ethical Treatment of Animals in a PIL filed by Salai Chakrapani seeking a guidance to Justice Radhakrishnan to return the PETA ‘Man of the Year’ award given to him in 2015.
In the request, Justice Radhakrishnan deposited that the Madurai Bench failed to apprise the constitutional protection guaranteed to the judgment passed and to judges.
The Constitution provides excellent protection of Judges for the actions carried out by them in their judicial capacity. Article 124(4), 121 and Article 211 of the Constitution provides protection for the process to Judges of SC and HC. It clearly shows the level of independence and self direction awarded to the Judiciary,” it said.
Justice Radhakrishnan also cited Section 3 (1) of the Judges (Protection) Act of 1985, which says that no court or any forum can start civil or criminal proceedings against judges on acts done in the course of his judicial functions.
The request also stated that some prayers in the writ request were not maintainable against him, as he no longer holds office as a judge, and is just a private citizen of the country and, therefore, not subjected to the writ jurisdiction of HC.
The suer in order to make the Writ request maintainable, initially made the Secretary to the President of India as a Party but later that Party was ereased. The Ministry of Law and Justice has no role in the Writ request but was made party so as to see that a Notice is issued to the suer”.
Justice Radhakrishnan also deposited that the request was filed almost 3 years after the jallikattu judgment (Animal Welfare Board of India Vs A Nagaraja), almost 2 years after he was felicitate with the PETA award and 3 months after the liberation of review request in the case by a SC bench in which he was not a member. Justice Radhakrishnan was facilitated with the PETA award after 9 months of his retirement.
Post A Comment
Add New Comment