26 February

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Questions of law

(A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st Respondent, Presiding Officer, DRT-II, Mumbai, who fails to discharge his statutory function in the manner expected of him, which requires him to conduct a summary trial while adjudicating an application under Section 17 of the SARFAESI Act, which would mean the parties to the lis...

26 February

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Demolition of Maradu homes- fundamental questions further explained

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Mathews J. Nedumpara I addressed a letter dated 24th September, 2019 to the Chief Minister and Chief Secretary of Kerala and other high constitutional functionaries expressing my apprehension that Shri Harish Salve, one of the most celebrated lawyers of the country, who effectively defended the case of Shri Kulbhushan Jadhav in the International Court of Justice and thus became a household name and a great icon, may not be able to do justice to the Government of Kerala, his client, so too to the hapless flat buyers of Maradu who are to be rendered homeless because the contentions which he is...

26 February

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Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution

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The Complete text of the article written by Shri Mathews J. Nedumpara which is published in the Times of India, today. Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution The supreme court ordered demolition of the 5 Buildings (apartments) at Maradu, Cochin on the finding that, it is in violation of CRZ-III. The Supreme court did not take notice of the fact that by notification issued in 2011 by the Central Government, Maradu was brought under the CRZ-II which would mean that if the buildings in question if were to be...

26 February

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Are not the civil courts the real ‘constitutional courts’?

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Are not the civil courts the real 'constitutional courts'? 14.4.2020 Mathews J Nedumpara In the last two decades or so, we have often heard the elite lawyers in Delhi referring to the Supreme Court as constitutional courts which gives the impression to the common man that the Supreme court and High courts are the only courts empowered to interpret the constitution. The question is, in doing so, are they not committing a fraud on the constitution. I have, in my article titled, 'Ten myths of constitutional law', dealt with at some length of the falsehoods which have become gospel truths and to doubt...

26 February

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An open letter to the Hon’ble PM, CJI, Chief Justices of the High Courts, Members of Parliament

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MATHEWS J. NEDUMPARA President NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS 12 F, A Wing, Narayan A Sawant Rd, Azad Nagar, Colaba, Mumbai 400005 E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 13.3.2021 AN OPEN LETTER TO THE HON’BLE PM, CJI, CHIEF JUSTICES OF THE HIGH COURTS, MEMBERS OF PARLIAMENT Hon’ble Sirs and Mesdames, 1. When Hon’ble Justice Indu Malhotra was elevated as a judge of the Supreme Court of India, the undersigned, who is only too conscious of his insignificance, had an immense sense of happiness and joy. There is yet another instance where I was extremely jubilant, that was when the NJAC bill was introduced in the Parliament. Mrs. Indu...

26 February

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National Lawyers’ Campaign For Judicial Transparency And Reforms 31.3.2014

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National Lawyers' Campaign For Judicial Transparency And Reforms 31.3.2014 Objectives 1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall advertise the vacancies and invite applications from all eligible candidates; 2) Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 3) Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 4) Reintroduction of the policy of transfer of 1/3rd of judges out of their...

26 February

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Shri. Mukal Rohotgi, a failed Attorney General?

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Mathews J Nedumpara President, NLC. 28.06.2020. Shri. Mukal Rohotgi, a failed Attorney General? Shri. Mukal Rohotgi's lamentations on the NJAC judgement is absolutely lacking in bonafides. In all humility, I must say that I attended the entire hearing of the case spanning over 31 days, a drama enacted by Mr. Fali Nariman and company to protect their fortress. The SCORA was a mere pawn. I was the only person other than the Central and State governments in support of the NJAC questioning the very maintainability of the so called PIL of SCORA. I pleaded that the maintainability of the PIL be decided as a...

26 February

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Ne bis in idem, the simple solution for mounting arrears

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Ne bis in idem, the simple solution for mounting arrears Mathews J. Nedumpara 9820535428 1. Faced with the mind-boggling burden of arrears which today is more than 3.4 crores in the case of the subordinate courts and more than 51.5 lakhs in the case of the High Courts and even 62,064 in the case of the Supreme Court, our legislature and the superior Courts invoking even legislative powers, which the founding fathers had never visualized, have created large number of tribunals in substitution of the Civil Court, even the High Court. However, far from reducing the backlogs, such laws and tribunals have contributed...

26 February

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To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen

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Adv. Mathews J. Nedumpara 9820535428 26.7.2020 To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen 1. The faithful of the Syrian Orthodox church of Antioch and all the East, (the Patriarch faction) are denied their freedom of conscience and faith guaranteed by the Constitution of India; not by the government or any law enacted by the Parliament, but as a result of judgements of the Supreme Court. My clients, the faithful of the Syrian Orthodox church- the Patriarch faction, blame Justice Mishra of the Supreme Court. And the extent of their anger, pain and anguish is...

26 February

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. Mathews J. Nedumpara “Simple things can be done in simple ways; Hard things too can be done in simple ways; But it requires an inventive brain And can be done without much strain” 1. The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America...

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