26 February

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20.02.2020 – Press Release

Press Release It is unfortunate that the Bar Associations take an unprincipled stand when it comes to the transfer of judges. In a system where 90% of all judges are from a few dynasties, so too the senior lawyers they designate, the judiciary being the monopoly of a few, it is absolutely imperative that judges are transferred out of their home state. The Supreme court in S.P Gupta's case emphatically said that transfer of judges out of their home state is the most ideal solution against all sorts of rumours and controversies of favouritism which crop up when a lawyer is...

26 February

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We inherited from the British, a judiciary known for its independence

Posted by Mathews J Nedumpara

in Press

Welcome to NLC We inherited from the British, a judiciary known for its independence, impartiality and erudition. Its job was to decide disputes involving rights and obligations between citizen and citizen and the citizen and the state. It did not legislate, it did not act as the executive. In the 70 years since then, the judiciary has changed a lot. It is no longer a adjudicator of disputes. It has become the executive, deciding whether or not Bombay needs a coastal road and holding that It does not when the common man and the elected government wanted it and the government...

26 February

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MJN’s article on judgments in Sabarimala and Church cases

Posted by Mathews J Nedumpara

in Blogs/Articles

Faith versus State The majority judgment of the Supreme Court in Sabarimala case delivered on 20th September, 2018 striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 on the ground that it amounts to gender discrimination and untouchability, while received the applause of the English newspapers, the elite and the liberals, was taken as an unjust interference with the freedom of belief and conscience by the overwhelming majority of Lord Ayyappa devotees, particularly by women whose emancipation the judgment purported to be. Pilgrimage to the Ayyappa shrine in 2018 meant large scale violence, police resorting to lathi charge, hundreds of men...

26 February

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NLC Press release- Review of Judges 2 case

Posted by Mathews J Nedumpara

in Press

It is a matter of great disappointment and concern that the 9-judge Constitution bench of the Supreme court, headed by the hon'ble Chief Justice, was pleased to dismiss the petition of the NLC seeking the review of the judgment of the SC in SCAORA v Union of India, popularly known as the Judges 2 case, in which, by recourse to literal re-writing of the Constitution, the Collegium system of appointing judges was brought into existence. The Collegium system where judges appoint judges, which exists nowhere else in the world led to the widespread complaint that it has meant denial of...

26 February

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My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case

Posted by Mathews J Nedumpara

in Blogs/Articles

Maria Nedumpara My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case, though less personal, was just as appalling. A number of lawyers were before his lordship literally pleading for a chance to speak. 350 and odd families had been forcefully evicted in a period of 4 days, in the most inhumane manner. They were driven out of the homes in which they had been residing in for more than 9 or 10 years, the homes which they had purchased with a lifetime’s worth of savings. It would come as a shock to anyone reading this that...

26 February

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara Some members of the legal fraternity have criticized me for authoring article titled 'Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis' as it amounts to too sharp a criticism of the Supreme Court. When i was a young lawyer, for instance when the Judges 2 case was delivered, i felt the judgement to be a re-writing of the constitution. The Supreme Court snatching away the powers of the executive. I felt the Judges 2 case cannot even be called a judgement because there was no cause of action. There existed...

26 February

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A judge is free to error within his jurisdiction

Posted by Mathews J Nedumpara

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A JUDGE IS FREE TO ERR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE. Mathews J. Nedumpara It is a fundamental principle of law that a Court is free to err within its jurisdiction and, howsoever erroneous its decision is, it could be final and binding. Dhananjoy Chatterjee, a poor and young watchman, was found guilty of murder and sentenced to death by a Sessions Court in West Bengal. The Supreme Court confirmed the verdict. The President of India rejected his mercy petition and he was hanged. A lawyer friend of mine, who represented Dhananjoy, told me that Dhananjoy was falsely implicated in the case...

26 February

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Demolition of five apartment buildings at Maradu, Cochin

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara President, NLC 6th October, 2019 To 1. Hon’ble Shri Pinarayi Vijayan Chief Minister of Kerala. 2. Shri Ramesh Chennithala, Leader of the Opposition, Government of Kerala, Trivandrum. 3. Shri Oommen Chandy, Former Chief Minister of Kerala. 4. Shri Muraleedharan, Minister of State for External Affairs 5. All Members of Parliament from Kerala. Honourable Sirs, Sub: Demolition of five apartment buildings at Maradu, Cochin, for alleged CRZ norms upon orders of the Supreme Court without hearing the 350 and odd home buyers, bypassing the Kerala Municipality Act and the Kerala Panchayat Raj Act, which vest in them the right of regularization of the constructions. ALL PARTY DELEGATION TO MEET THE PRIME MINISTER –...

26 February

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National Lawyers Campaign

Posted by Mathews J Nedumpara

in Blogs/Articles

A Call to the legal Fraternity and the Public at large. Sirs/Mesadames, All those who believe that a judiciary which is independent, impartial and accountable to the people would remain to be a dream unless the sons and daughters of the common man finds due representation are shocked by the order of the HC of Orissa to initiate Contempt of Court proceedings against the office bearers of the Orissa HC Bar Association for demanding the dismantlement of the Collegium System of appointment of judges. Our brothers and sisters of the Orissa Bar deserve to be complimented for their bold step, namely, abolition of...

26 February

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Sesil Joseph

Posted by Mathews J Nedumpara

in Blogs/Articles

Please click on the below link to view Sesil Joseph Petition View Sesil Joseph Petition >>...

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