MADURAI: The Madurai Bench of the Madras High Court on Tuesday ordered notice to the Secretary to President Pranab Mukherjee and a former Supreme Court Judge K S Radhakrishnan Panicker on a petition seeking a direction to the latter to return the “Man of the year” award which he received from People for the Ethical Treatment of Animals (PETA) India.
Panicker was part of the two-member bench which banned Jallikattu in 2014. PETA, which was one of the petitioners in the case, seemed to have specifically selected him for passing an order in its favour, the PIL said.
Petitioner Salai Chakrapani said that from the judgment of banning Jallikattu, there was evidence of sheer and complete bias. It was unheard of in the entire judicial history – a judge, after a verdict, receiving an award from an organisation in whose favour was the order.
The Constitution bestows power on the judiciary and ensures its independence, insulating it from the executive so that every judge will discharge duty without any fear or favour.
Panicker should not have received an award from PETA. that too within seven months from the date of judgment. Receiving the award for the service rendered is nothing but polluting the stream of justice. PETA India’s website showed that the award was conferred upon him specifically for delivering the judgement in its favour, the petitioner said.
He further said that even if the award is returned, violation under Article 124 (7) cannot be cured or rectified, as it is not a curable defect, but a glaring and flagrant constitutional violation. Hence, under such circumstances, during the pendency of the petition, the former judge should be restrained from being considered under preliminary entry eligibility criteria under Article 128 of Constitution (Attendance of retired Judges at sittings of the Supreme Court).
A division bench of Justices A Selvam and P Kalaiyarasan ordered notice to Panicker, the Secretary to the President, Secretary to the Union Ministry of Law and Justice, and PETA, returnable within February 14.