Would not like to comment at this stage, Justice KS Radhakrishnan on Madras HC notice

The Madras High Court has issued notice to retired Supreme Court judge, Justice KS Radhakrishnan, in a petition praying that the former judge be directed to return the award bestowed on him by People for Ethical Treatment of Animals (PETA)..According to The New Indian Express, the Madurai Bench of Justices A Selvam and P Kalaiyarasan issued notice to Radhakrishnan J. in a petition filed by one Salai Chakrapani..Chakrapani’s contention is that Justice Radhakrishnan, who authored the 2014 judgment banning Jallikattu, should not have received an award from PETA, which is against Jallikattu. PETA was one of the parties to the case before the Supreme Court. Chakrapani has contended that accepting an award from PETA was evidence of bias on the part of the judge..Chakrapani has also prayed that Justice Radhakrishnan be disqualified from being considered for sitting in the Supreme Court under Article 128. Article 128 empowers the Chief justice of India to consider a retired judge of Supreme Court or High Court to sit and act as judge of the Supreme Court..Justice Radhakrishnan declined to comment on the issue. Speaking to Bar & Bench, he said,.“I don’t want to say anything right now,”.In 2014, PETA India had named Justice KS Radhakrishnan as “Man of the Year”. This was in recognition of his judgment holding the traditional sport of Jallikattu to be in violation of the Prevention of Cruelty to Animals Act. As a result, the use of bulls in the sport, as well as bullock cart races conducted in the states of Tamil Nadu and Maharashtra, were banned..The judgment had created a big public uproar in Tamil Nadu, leading to another round of litigation and an agitation in Chennai, eventually culminating in Tamil Nadu amending the Prevention of Cruelty to Animals Act to permit Jallikattu..The High Court has also issued notice to the President of India, The Ministry of Law and Justice, and PETA in the matter..It is, however, not clear how the Court can issue notice to the President’s office since Article 361 protects the President and Governors from being answerable to any court for any act done in their official capacity. It states,.“The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”