KS Radhakrishnan

The NGO People for the Ethical Treatment of Animals (PETA) has recognised former Supreme Court Justice KS Panicker Radhakrishnan its man of the year award. In a press release, PETA wrote:

For heading the bench that passed the landmark judgement in favour of PETA India and the government body the Animal Welfare Board of India (AWBI) clarifying that bulls must not be used in jallikattu, bull races, bullfights or any other type of performance and that called for animals to be respected in many other ways, Honourable Justice (Retd.) Mr. K.S. Panicker Radhakrishnan, Supreme Court of India (SC), is People for the Ethical Treatment of Animals (PETA) India’s Man of the Year.

Article 51a (g) of the Indian Constitution makes it the requirement of every Indian citizen to have compassion for living creatures,"explains PETA India CEO. “Retired Judge Radhakrishnan and Fernandez are role models in our society who uphold this mandate for kindness to animals through the actions they take, as we all should.”

The groundbreaking SC judgement passed earlier this year also referenced the concept of “speciesism”—discrimination against others simply for being another species—and compared it to other recognized wrongs: racism, castism and sexism. It also made clear that staged fights between animals, like cockfighting and dog-fighting, for entertainment must not be permitted; that education about humane treatment of animals is imperative; and that stronger penalties for cruelty to animals must be passed; among other animal-friendly verdicts.

Read original coverage of the landmark judgment here.

The law ministry has advised against the setting up of the National Company Law Appellate Tribunal (NCLAT) to chair which recently retired Supreme Court justice KS Radhakrishnan’s name had been recommended, reported the Express.

The reported reason for this advice was that the National Company Law Tribunal – appeals from which would go to the NCLAT – had not yet been established.

On shooting down Radhakrishnan’s name recommendation the law ministry said that the name had to be approved by the Chief Justice of India (CJI), and also advised against appointing two judicial members to the yet-to-be constituted Tribunal, which is a statutory requirement under the new Companies Act.

Retired Supreme Court judge Justice KS Radhakrishnan, in a brief interview in the Indian Express, talked about some of his landmark cases and challenges facing the judiciary. [Indian Express]

Supreme Court Justice Jagdish Singh Khehar told the Supreme Court registry on 6 May, the evening after passing its scathing judgment against Sahara chief Subrata Roy and his lawyers, that he did not want to be on the new bench that would hear the Sahara matter after the bench headed by retiring Justice KS Radhakrishnan would be reconstituted after the holidays, reported the Indian Express.

According to the paper, Khehar also said that he did not want to be on any bench hearing any matters related to a Sahara group company in future. Justice Radhakrishnan had made comments last week that he had faced "pressure, tension and strain" over the Sahara hearings, which found voice in an unprecedented written judicial diatribe against lawyers abusing the system and trying to manipulate the justice system.

A Supreme Court bench of justices KS Radhakrishnan and Vikramajit Sen gave the green light to the Tamil Nadu-based Kudankulam nuclear power plant, after being satisfied with the safety measures and compliance of the central government and responsible authorities.

Activist G Sudarrajan represented by Prashant Bhushan had filed a petition seeking an injunction on commissioning of the plant, alleging that the Atomic Energy Regulatory Board (AERB) had hurriedly granted a clearance and that sub-standard equipment was in used.

Story to be updated with judgment when available [Indian Express]

Supreme Court justices KS Radhakrishnan and Pinaki Chandra Ghose have banned Tamil Nadu bull fighting at the Jallikattu festival, which "severely harmed" the bulls and was illegal under the Prevention of Cruelty to Animals Act (PCA) BBC.

The judges wrote: "Bulls cannot be used as performing animals, either for the Jallikattu events or Bullock-cart Races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. We, therefore, make the following declarations and directions: 1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) & (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act." Judgment

A Supreme Court bench of Justices KS Radhakrishnan and Vikramjit Sen modified a Delhi high court order giving the Comptroller and Auditor General (CAG) power to do a statutory or special audit of private telecom companies accounts.

Instead, the bench decided that the CAG should have the right to scrutinise the accounts of private telecoms companies to make sure that the government was getting "legitimate share" from the Telcos' use of natural resources such as spectrum.

The case began in 2009 when the CAG looked into the books of Bharti Airtel, Reliance Communications, Vodafone India and Idea Cellular. [Financial Express | Judgment]

The Supreme Court has ruled that all government departments must recognise a third gender, and not discriminate against transgender people in the provision of services.

A Supreme Court bench headed by Justice KS Radhakrishnan today rejected the appeal for the bail of jailed Sahara boss Subrata Roy, pending the next hearing on 25 March 2014.

SC Judge slams Gov for “scaring away all foreign investors”: “We are sorry to say that lawmakers are not keeping pace with the changing times, especially fast-changing technology. Then you will legislate with retrospective effect, scaring away all foreign investors,” said Justice KS Radhakrishnan today, who had ruled in 2012 that Vodafone would not have to pay Rs 11,000 crore in tax, which was undone by a retrospective amendment by the government [ET]

Is India’s as an investment being damaged by tax disputes? asks [Mint] after Vodafone’s failed conciliation talks with the government over its huge tax bill, Nokia approached the Supreme Court to fight to transfer its India-based factory to Microsoft without a massive tax hit and disputes with IBM and others…

Cong MP sues Kejriwal for defamation for calling him corrupt: Congress MP sues outgoing Delhi chief minister Arvind Kejriwal for defamation for calling him one of the “most corrupt persons in India” [CNN-IBN]

Gov pushes for tabling HC judges retirement age bill this session: The Government has pushed for the Lok Sabha the bill pending since 2011 to increase high court judges’ retirement age from 62 to 65 years [PTI]

ET does Cyril Shroff for two hours: The Economic Times does a two hour interview with Amarchand Mangaldas Mumbai managing partner Cyril Shroff and finds out he likes Chinese food (but not much else) [ET]

Bombay HC allows Peta to inspect elephant: The Bombay HC has permitted People for Ethical Treatment to Animals (Peta) to visit Sunder, an elephant that they allege has been abused [DNA]

Lawyers strike forces 87-y-o to argue himself: Due to an advocates strike in Madurai an 87-year-old litigant in a wheelchair had to argue his case himself, reported [TOI]

The chief justice of India Altamas Kabir yesterday told off senior advocate Arvind Dattar who, in the matter of SEBI V Sahara, had objected to his passing an order contradictory to an order passed by a two judge bench of the court - before which bench the matter is still pending.

A bench of justices KS Radhakrishnan and JS Khehar had on 31 August ordered two Sahara group companies to refund the Rs 24,000 crore they had collected through optional fully convertible debentures, to SEBI with 15 per cent interest by 30 November, because Sahara had violated regulatory norms.

Yesterday Kabir’s bench, also comprising justices SS Nijjar and J Chelameswar, allowed the Sahara group to complete the payment of refund to SEBI in two months’ time, ending in the first week of February, contrary to the 31 August order.

The bench reasoned that it was allowing Sahara’s application to protect the interest of investors. The investors, however, were not given a hearing before this order.

Dattar, appearing for SEBI, insisted that propriety called for the matter to be heard by the bench before which it was pending, and that Kabir must record this submission in the court’s order.

"We will record what we feel to record. We cannot record what you say,” shot back Kabir.

Senior advocate Vikas Singh insisted that the investors’ and Sahara’s application should not be disposed of without hearing the investors, which suggestion was again dismissed by Kabir in, reportedly, an “angry tone”. [Hindustan Times]

Singh was appearing for the Universal Investors Association, and wanted the court to take up a writ petition filed on behalf of the investors. Kabir’s bench rejected the plea saying that the investors had no rights since they were not party to the main petition. [The Hindu]

Legally India Supreme Court postcard writer Court Witness tweeted: “Would completely understand if both or one of Radhakrishnan & Khehar are supremely upset with Kabir for undermining them in this way.”

Can a high court review its own decision after the Supreme Court has dismissed a special leave petition from such decision? The absence of a definite answer to this question is causing the double-filing of special leave petitions before the SC.

A bench of SC justices Dipak Misra and KS Radhakrishnan has referred the question to a larger bench, in view of the many conflicting positions on it [The Hindu]