26 February

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There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent

15.7.2021 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....

26 February

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Press Release issued in furtherance of the Press Conference held at the Chandigarh Press Club today at 12pm

Posted by Mathews J Nedumpara

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Demolition at Aravali In the PIL (Writ Petition no. 562 of 2021) instituted by 5 slumdwellers the Supreme Court ordered demolition of the shanties of the thousands of slumdwellers and to report compliance thereof within 6 weeks, and posted the case for reporting compliance on 27.7.2021. The order of the Supreme Court was one rendered void ab initio for the following reasons: a) in a Petition filed by merely 5 slumdwellers, at the best the court could have rejected the same, even with costs, but the Court had no jurisdiction to order demolition of the shanties of thousands of poor who were...

26 February

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Letter to the CJ of Bombay High Court- My Lords hear the slumdwellers before your Lordships order their eviction

Posted by Mathews J Nedumpara

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7.7.2021 Hon'ble Mr. Justice Dipankar Datta,Chief Justice of the High Court of Judicature at Bombay May it please your Lordship Sub: Hearing of suo motu PIL- demolition of the shanties of slumdwellers- without there being a single slumdweller on the party array or any kind of representation on their behalf. What I came to notice from picking up today's newspaper is a report titled is "Is Government land executive's paternal property: CJ". The report by Times of India correspondent Rosy Sequeira goes on to say that the Hon'ble the Chief Justice criticized the policy of the successive governments in granting protection to the slumdwellers....

26 February

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Denial of bail to Fr. Stan Swamy-a dark event in India’s history

Posted by Mathews J Nedumpara

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The denial of bail to Father Stan Swamy which has led to his incarceration and eventual death in a private hospital in Bombay still under judicial custody is one of the darkest incidents of denial of the fundamental freedom of life and liberty enshrined in our constitution. Even during the medieval days, the custody of a person accused was permissible only if the offences committed were so grave and such that if the person was at large he would not be available for trial and to undergo the punishment. Blackstone in his Commentaries of Laws of England has stated this...

26 February

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Nedumpara’s Letter to CJI seeking Justice for the slumdwellers of Aravali Hills

Posted by Mathews J Nedumpara

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To Hon'ble Mr. Justice NV Ramana,Chief Justice of India,Also to,Hon'ble Mr. Manohar Lal Khattar,Chief Minister of Haryana Sub: Demolition of the shanties of thousands of migrant laborers and urban poor, in the implementation of a judgement of the Supreme Court in purported PILs, rendered entirely behind their back. I have been on a campaign since 2010, when I first came to Bombay as a stranger, after being in the Bar for more than 25 years. It may appear strange to your Lordship, the campaign I started was for the "cry of the poor" to borrow an expression from Justice Krishna Iyer, to save...

26 February

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Jacobite Church case- Synopsis

Posted by Mathews J Nedumpara

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Jacobite Church case- Synopsis The Petitioners are constrained to file this review, sadly, only because this Honble court, the Petitioners beg to submit with all humility and with utmost respect, failed to record the core of their contention that the instant church in question, and for that matter not a single out of the 1064 churches of the Malankara Syrian Jacobite Church, was a party to the Samudayan case which has culminated in the judgement of the 5-judge constitution bench of the Supreme Court, namely, AIR 1959 SC 31 and, therefore, the said judgement is not binding on the Petitioner church...

26 February

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Video recording the court proceedings, an Offence?

Posted by Mathews J Nedumpara

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Video recording the court proceedings, an Offence? Mathews J. Nedumpara.19th September 2019 Nullum crimen sine lege, nulla poena sine lege is a Latin maxim that means "no crime or punishment without a law." There can be no crime committed, and no punishment meted out, without a violation of penal law as it existed at the time. This basic legal principle has been incorporated into international criminal law. This is also one of the fundamental principles of law which is incorporated in Part III of the Constitution. In simple words, no person can be proceeded against and punished unless the legislature had...

26 February

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Nedumpara’s letter to the Prime Minister demanding emergent judicial reforms to prevent democracy be reduced to judgeocracy

Posted by Mathews J Nedumpara

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5.9.2020AN OPEN LETTERMATHEWS J. NEDUMPARAPresidentNATIONAL LAWYERS CAMPAIGN FOR JUDICIALTRANSPARENCY AND REFORMS304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 023No. 11, DD Tudor Villa, Padam Road, Vaduthala- 682 023Mob: +91 9820535428 email: mathewsjnedumpara@gmail.com To, Hon'ble Shri. Narendra Modi,The Prime Minister of India. Hon'ble Smt. Sonia Gandhi,President of INC. Leaders of the various political parties,Members of Parliament, Members of the legal fraternity,press, the public at large. Hon'ble Sirs and Mesdames, Sub: Emergent judicial reforms lest supremacy of the Constitution and the Parliament, nay, democracy should be put to great jeopardy, and “judgeocracy” is further perpetuated through PILs. The conviction of Mr. Prashant Bhushan for contempt of court...

26 February

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The Judgement in Sabarimala Case Constitutes to be No Res Judicata and Is Not Executable

Posted by Mathews J Nedumpara

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The Judgement in Sabarimala Case Constitutes to be No Res Judicata and Is Not Executable. Mathews J. Nedumpara 16th November, 2019 What prompts me to pen these few lines is the news item in today’s (16.11.2019) Times of India, Cochin Edition, under the caption “Government must read dissenting ruling in Sabarimala case: Nariman. Cannot allow violation of extremely important ruling: Judge”. Francis Bacon, Lord Chancellor of England, said de fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti – the honesty and integrity of a Judge cannot be questioned, but his...

26 February

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Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993

Posted by Mathews J Nedumpara

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Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993 The judges 2 case is of monumental significance so far as our very existence as a constitutional democracy is concerned. For those like my daughter, a young lawyer, my juniors and the thousands of young lawyers who dream of one day occupying the august office of the Chief Justice of India or a of a Judge of the Supreme Court or of a High Court, everything depends upon the decision of the court in the review. I say so because, today,...

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