Nedumpara’s letter to President, Kerala High Court Bar Association: An appeal for abolition of pernicious system of Designation of lawyers
National Lawyers’ CampaignFOR JUDICIAL TRANSPARENCY AND REFORMSMH/MUM/1701/2015/GBBSDE-Mail: firstname.lastname@example.org, email@example.com 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Old Custom House, Fort, Mumbai- 400 023 4th January, 2019 To Sri Ramkumar,Senior Advocate. Copy to: President and Members of the Kerala High Court Advocates’ Association. Respected Sir, Sub: Designation of lawyers – insult to the members of the Association. I happened to come across the letter which you have addressed to the President and Members of the Executive Committee of the Kerala High Court Advocates’ Association at 6.43 a.m. today on its being forwarded to me by a very close friend of mine, a fellow sexagenarian. The word ‘insult’ in the caption of your letter captured my thought. By 9 O’clock, I received a call from a good old friend, who had applied for designation as a Senior Advocate along with almost 30 other lawyers, among whom are sexagenarians and septuagenarians in the Bar for 30 to 35 years, who had to suffer the ‘insult’ of their applications being rejected by the Full Court of the Kerala High Court consisting of Judges who are juniors at the Bar. Being deeply pained at the anguish of my friend, whose name I withhold, I called yet another friend of mine, who is a few years senior to me. For considerations of propriety, I withhold his name too. He was crestfallen; the sense of pain, insult and humiliation which he felt and which he conveyed to me, literally weeping, no words can explain. Sir, [...]
IN THE SUPREME COURT OF INDIAORDINARY ORIGINAL JURISDICTION WP(C) NO. 861/2018IN THE MATTER BETWEENMathews J. NedumparaAnd OthersPETITIONERS Versus The Supreme Court of India and Others RESPONDENTS TO THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THEHON’BLE SUPREME COURT OF INDIA HUMBLE SUGGESTIONS BY THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH: The Audio-Video Recording of Judicial Proceedings is a measure which is very safe and easy to implement, as the Petitioners had directly witnessed the same in a Contempt of Court Proceedings at the Nagpur Bench of Bombay High Court, as Counsels, where it was implemented on mere application of the Contemnor without calling for any suggestions. Hence, there is nothing significant which needs to be suggested by the Petitioners. All that is required is a declaration at the hands of this court that the right to life and the freedom of speech takes within its ambit Audio and Video Recording of the Proceedings of this Court, nay, all the Courts and Tribunals in this Country and access thereof and a consequential direction to set up cameras; nothing more nothing less. Nevertheless, since this Honble Court was pleased to call for our suggestions, we are duty bound to state a few ideas: The proceedings of the Courts, in hearing and deciding the disputes between the Parties before it, have to be recorded in the most truest, complete and durable manner. Our judiciary has evolved a long way, from the tablets of limestone to paper and pen, to the era [...]
The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive
Mathews J Nedumpara98205 35428 Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction is granted without being confronted by questions as to the maintainability of the petition for the petitioner not having exhausted the “alternative remedies”, realise that reality is different from perception. In high Courts like the Bombay HC, Delhi HC, even Madras, Punjab & Haryana HC and Gujarat HC, of which I am fairly familiar, majority of the writ petitions are dismissed in limine on the ground of non-exhaustion of alternative remedy. I have often found lawyers, instead of advising their client to institute a civil suit, for the Civil Court is the court of plenary jurisdiction, competent, empowered and duty bound to adjudicate any dispute under the sun of a civil nature, unless barred, or where forums like the DRT, NCLT, Provident fund tribunal, etc. are created in substitution of the Civil Court, challenge the order of the HC in the Supreme Court under Article 136. Such SLPs are dismissed by one-line orders. This exercise would cost the litigant enormously, and many would give up their pursuit for justice. The few who still place hope in the judiciary would [...]
In our legal system, if a lawyer is falsely accused of improper conduct, or where a judge acts unfairly, and denies a fair opportunity for a lawyer to represent his case, the law provides to him no remedies at all.
MATHEWS J. NEDUMPARAAdvocate304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 001.No.11, DD Tudor Villa, Padam Road, Cochin-682 023.E-mail: firstname.lastname@example.org Mob:9820535428 5.10.2021 ToHon’ble Mr. Justice S. ManikumarChief Justice, High Court of Kerala Also to,Hon’ble Mr. Devan RamachandranJudge, High Court of Kerala May it please your Lordships, Sub: Hearing of the Church case at serial no. 124, today, 5th October, 2021 In our legal system, if a lawyer is falsely accused of improper conduct, or where a judge acts unfairly, and denies a fair opportunity for a lawyer to represent his case, the law provides to him no remedies at all. If a court makes unjust and untrue comments, in these days of “breaking news” is telecasted without least effort being made to ascertain the veracity of the same. As an outstation lawyer in Bombay and other parts of the country, when I raised my voice against injustice, ill treatment of lawyers and litigants, I was falsely implicated in contempt of court proceedings. The attempts to silence me, I took as an opportunity to campaign for the much needed reforms in judiciary, particularly of video recording of court proceedings, and the access of such records to litigants and lawyers, open selection of judges by inviting applications from the eligible candidates in substitution of the current system where judges appoint themselves, mostly their kith and kin, transfer of judges as a panacea for many a malaise in particular, the uncle judges syndrome, abolition of the system of judges designating lawyers as [...]
Jacobite Christians’ desperate plea for justice in the Kerala High Court by way of an impleadment petition against the betrayal by their own leadership
BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM IA 2021 WRIT PETITION No. 27219 of 2019 Manu Kurian Thuruthel : Petitioners/Addl. Respondents to be impleaded as R5 to R9 St.Mary’s Orthodox Syrian Church : Respondents/Petitioners & Respondents AFFIDAVIT I, Manu Kurian Thuruthel, aged 49 years, s/o late Kurian Thuruthel, Indian Inhabitant, residing at Thuruthel, 149, Plot no. 998, 6th Avenue, Anna Nagar, Chennai, PIN- 600 040, do hereby solemnly affirm and state as follows:- I am the 1st Petitioner in the above application seeking permission to intervene in the above Writ Petition and oppose the same. I know the facts of the case and am competent to swear to this affidavit on my behalf.I am constrained to institute the instant application for impleadment as a third party to the proceedings and oppose the same because I am made to understand, and I bona fide believe that the Respondents in the above writ petition and other connected writ petitions which are listed for hearing on 5.10.2021, before this Court, namely, the bench of Hon’ble Justice Devan Ramachandran, are not going to be contested earnestly. I have reason to believe, which for considerations of reticence I refrain from elaborating, that the state government and the leadership of the Jacobite Church has entered into certain tacit understanding, namely, to offer a make believe contest and allow the Orthodox faction to take over the churches involved in the above batch of cases, and eventually, all Jacobite Churches, namely, those owing allegiance to the [...]
Suit in challenge of the conversion of TATA Sons Ltd of which the de facto owners are the poor, the destitute, the homeless, the sick and the starving into a Pvt Ltd Company which is certain to adversely affect the interests of the poor , the beneficial owners of the TATA Trusts.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S.C. SUIT NO.__ OF 2018 Sunil Shantisarup Gupta and Ors. … PlaintiffsVersus Tata Sons Private Limited & Ors. … Defendants GIST OF PRAYERS a) declare that the Resolution dated 21.09.2017 (Exhibit “D” hereto) adopted by Defendant No.1 for conversion of Tata Sons Limited, a Public Limited Company, into Tata Sons Private Limited, a Private Limited Company, is without jurisdiction and one rendered void ab initio; b) declare that the order dated 09.07.2018 (Exhibit “E” hereto) passed by the National Company Law Board, Mumbai, allowing conversion of Defendant No.1 Tata Sons Limited, a Public Limited Company, into Tata Sons Private Limited, a Private Limited Company, is one rendered void ab initio, being rendered without hearing the public at large, who are adversely affected thereby; c) quash and set aside the Resolution dated 09.07.2018 (Exhibit “D” hereto) adopted by Defendant No.1 for conversion of Tata Sons Limited, a Public Limited Company, into Tata Sons Private Limited, a Private Limited Company, which has received the seal of approval of the National Company Law Board, Mumbai, by its order dated 09.07.2018 (Exhibit “E” hereto); d) quash and set aside the order dated 09.07.2018 (Exhibit “E” hereto) passed by the National Company Law Board, Mumbai, as void ab initio in so far as the findings and observations therein, are prejudicial to the interest of the public at large, the real owners of the TATA Empire / the beneficiaries of the TATA Trusts ; e) declare that the Charity [...]
Immunity induced by Covid infection and vaccination. What is the difference?
Dr Thomas Nedumpara FRCS
North Cumbria University hospitals Cumbria,UK.
Immunity is induced differently by natural infection and vaccination. Immunity broadly is of two types cell mediated immunity by T lymphocytes and specific antibodies against viral proteins mediated by B lymphocytes. It is easy to measure antibody levels and when present in the blood we call the person seropositive. Cell mediated immunity by killer T cells is more difficult to measure but play a crucial role in destroying the infected cells and T cells also stimulate B cells to produce antibodies. Since SARS2 virus causing Covid 19 infection is new we don’t have enough data about how long the immunity last after infection and after vaccination.One study published in the journal Immunity of 5882 people who have recovered from Covid 19 infection, found that antibodies were still present in people’s blood 5-7 months after infection. People who had severe disease had more antibodies than with those with mild infection. All of the vaccines approved so far produce strong antibody response. A study in the journal Lancet found that Astra Zeneca vaccine ( CoviShield in India)induced high antibodies with minimal waning ( reduction) for 3 months . Another study evaluated the difference in peak antibody levels among 172 people over 80 who received the Pfizer vaccine. There was 3.5 times more antibodies when they received booster dose after 12 weeks.Vaccination can sharpen immunity in people who had been previously infected with Covid 19 and recovered. A letter published in the journal Lancet discussed an experiment in which 51 health workers in [...]
Mathews J NedumparaPresident, NLC10.5.202198205 35428 a) unlike before, a large section of the legal fraternity, informed public, and in particular the press, is aware that the Collegium system of appointment and designation of lawyers as senior advocates have completely destroyed any semblance of inclusiveness in the higher judiciary as well as the in designated bar. People now readily accept that there is a real apartheid in the justice delivery system,b) the concept of virtual court, which includes making available the records of the court proceedings to the litigants cannot be denied forever. The mounting public opinion willl compel the court to do it sooner than later.c) the judiciary has, like a moth attracted to a flame, leaped into the forbidden and slippery ground of goverance, which it certainly cannot do any better than the elected government.d) criminal trials are pending in cities like Mumbai for the last more than 20 years. Criminal appeals in the HCs and SC, for even longer. What is being heard in the courts today are a few cases where high flying lawyers appear and where there is media hype. In the bombay HC a bail application of an under trial when mentioned, is given a date after one month. So pathetic is the situation. The courts will be forced to introspect, set its house in order and realize that it's primary duty is to adjudicate disputes, what we lawyers call lis. The voice of the people is the voice of God- 'vox populi, vox dei'. [...]
There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent
In this country, the distinction between the concept of res judicata and precedent is largely forgotten. As a result, a judgment of a superior court in a case between A and B, which may be erroneous but binding on the said parties, becomes binding on C and D, nay, on posterity as the law of the land. Often it is misconceived that every word of a judgment of a superior court is binding, the law of the land. Seldom is it realized that it is difficult to name even a single principle which never ever existed, which our Courts since independence have evolved, to be taken as a precedent. The common law principles which became settled law have been codified into statutes after the governance of India was taken over by the British Parliament by virtue of the Government of India Act, 1958. Statutes constitute to be the very core of our jurisprudence. A judgment may be relevant and useful for the annunciation of a principle. Precedent is a very useful concept, for what a precedent is, is a principle which a superior court has evolved where none existed for the resolution of an issue which was before it. When such a principle is repeatedly followed, it becomes a settled principle of which no deviation ought to be made unless there exist valid grounds. However, we have largely misunderstood the concept of precedent as legislation, nay, even beyond, binding even on third parties as if they were parties to the [...]
2nd September 2021 Hon'ble Shri. N.V.Ramana,Chief Justice India, New Delhi May it please your Lordship, Sub: Judicial reforms to secure equal opportunities for all sections of lawyers in judicial appointments/as law officers of the government and public bodies, bringing an end to discriminative practices like designation and separate dress code which has a seeming imprimatur, audience to discuss these and other vital issues – Reg. I, as the President of the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), a campaign which is born out of the unjust and unfair practices meted out to the common litigants and lawyers, have been demanding radical reforms in judiciary, many of which offer no difficulty of implementation, provided there be a will to do so, namely, video recording of court proceedings, abolition of the Collegium system, open selection of judges by notification of vacancies and invitation of applications from all, abolition of the law of contempt so far as it restricts free speech, transfer of judges as a solution for malaises such as “uncle judges syndrome”, abolition of the arbitrary and discriminatory system of senior designation, prevention of the abuse of the concept of precedent which has led to a situation where law has to be found from hundreds of judgements rather than the statute, and most importantly the strengthening and restoration of the jurisdiction of the Civil Court as the true constitutional courts which is what constitution has provided for, the current practice an aberration thereof. With the Hon’ble judges usurping [...]