Madurai: Popular anger against PETA at a time of controversy over jallikattu today turned against the former Supreme Court judge K.S. Panicker Radhakrishnan, who pronounced the 2014 order banning the use of bulls in any sport.
Salai Chakrapani, a farmer-cum-a proponent of jallikattu from Villathupatti village in Pudukottai district, filed a petition before a division bench comprising Justices A.Selvam and P.Kalaiyarasan stating that within seven months after delivering judgement in favour of the litigating party - People for Ethical treatment of Animals (Peta) India - the former judge Radhakrishnan (who had retired from service), had received ‘Man of the Year' award from it on February 7, 2015.
The petition said, "by virtue of article 124 (7) of the constitution, where in ‘No person who had held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of India', meaning thereby, after rendering a judgment for a party on whose behalf or favour the judgement was delivered, they are not supposed to receive any favour or award or written gift in their own favour which is nothing but a case of gross misconduct, impropriety and clear proof of bias."
In this case, PETA had declared in its website that the award was conferred on the judge for rendering the landmark judgment in its favour for banning the jallikattu in the state of Tamil Nadu, pointed out the petitioner.
While stating that the judge's biased actions had been clearly established in this case, the petitioner asks," Whether the award should alone be returned or the validity of the judgement which is clearly hit by apparent bias can be examined by this court while exercising its constitutional powers,"
The petitioner, sought the court's direction to the former judge Radhakrishnan to return the award received from PETA by declaring it as unconstitutional in view of the oath of office under schedule III of Part IV of the Constitution of India, Chief Justices Conference held in December 1999 and Bangalore Principles of Judicial conference 2002.
The court should also disqualify his from enjoying post-retirement benefits and declare him ineligible to enjoy the status conferred under article 128 of the constitution of India, said the petitioner.
After examining the petition, the court posted a hearing on February 14. The court would decide the maintainability of the petition when the respondents - the secretary to the President of India, Ministry of law and justice and PETA would also make their submissions.
