26 February

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No one is more hated than he who speaks the truth

"No one is more hated than he who speaks the truth”- PlatoA look at our legal system -Mathews J. Nedumpara We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on which the...

26 February

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Letter by Mathews Nedumpara to Chief Justice of Bombay High Court: Hon’ble Shri Dipankar Datta

Posted by Mathews J Nedumpara

in Open Letters

MATHEWS J. NEDUMPARA President NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS 12 F, A wing, Harbour Heights, Narayan A Sawant Rd, Azad Nagar, Colaba, Mumbai, Maharashtra 400005 Mob: +91 98205 35428 E-mail: mathewsjnedumpara@gmail.com 6.5.2022 To, Hon’ble Shri Dipankar Datta, Chief Justice, High Court of Judicature at Bombay, Mumbai May it please your Lordship, Sub: Emergent reforms without which the justice delivery system, which is on the ventilator, cannot be saved Ref: My letter seeking an audience with your Lordship and further follow-up with your Lordship’s private secretary. 1. It is a matter of great satisfaction and joy to come across the notification dated 2.5.2022 issued by the Registrars of the Bombay High...

26 February

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Banking laws: Multiple laws which created multiple forums made litigations infinite. What is the solution ?

Posted by Mathews J Nedumpara

in Open Letters

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 in inconceivable terms, towards adding to the existing backlog of cases....

26 February

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Court Mandated Capture of the Churches of the Jacobite Christians – Who Is At Fault?

Posted by Mathews J Nedumpara

in Open Letters

1. Kerala, today, faces the curious scenario of the High Court ordering forceful takeover of the churches of the Syrian Jacobite Christians owing allegiance to the Patriarch of Antioch, in the purported implementation of the orders of the Supreme Court with many a bench of the High Court asserting that ‘rule of law’ being the very basic feature of the Constitution, the executive is dutybound to enforce the judgments of the Supreme Court, even if it would mean deploying central forces. The state government through none less than the Chief Secretary stated on oath that it is dutybound to implement...

26 February

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Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud

Posted by Mathews J Nedumpara

in Open Letters

OPEN LETTER To, Hon'ble Dr. Justice DY Chandrachud Judge, Supreme Court Chairman of the Supreme Court E-Committee 14.4.2022 Sir, It is indeed heartening to come across your Lordship's statement as reported in Livelaw that we need to move from feudal to a more modern and futuristic Indian judiciary and that that change can happen only if our mindset changes. Your Lordship was further quoted to have said "and I do believe that technology provides us with a very powerful means of changing feudal practices within indian judiciary". Your Lordship has even lamented the practice of District judges being made to wait when a judge of a high...

26 February

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Video recording the court proceedings, an Offence?

Posted by Mathews J Nedumpara

in Open Letters

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 made a specific act as an offence and has expressly provided...

26 February

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VIDEO-RECORDING OF PROCEEDINGS OF COURTS AND TRIBUNALS – A PANACEA FOR THE ILLS WHICH INDIAN JUDICIARY FACES TODAY.

Posted by Mathews J Nedumpara

in Open Letters

What prompts me to pen these few lines is a query from one of the few law students who started interning with me recently. The query was, what is the inspiration for me to initiate the campaign titled National Lawyers’ Campaign for Judicial Transparency and Reforms and the video-recording of proceedings of all Courts and Tribunals in the country as its prime objective. 1. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for, the Judges enjoy absolute immunity in the discharge of their official function and for all practical purposes the...

26 February

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The risk of the failure of the Mullaperiyar dam and the loss of lives of not less than 60 lakhs of people is real and imminent. Read the letter of Shri Mathews J Nedumpara to the Prime Minister

Posted by Mathews J Nedumpara

in Open Letters

6.4.2022 AN OPEN LETTER FOR EMERGENT ATTENTION Hon’ble Shri Narendra Modi Prime Minister of India Also to, The Hon’ble Chief Ministers of Kerala and Tamil Nadu And Hon’ble Members of Parliament and political leaders Hon’ble Sir, Sub: The risk of the failure of the Mullaperiyar dam and the total wiping out of the Districts of Cochin, Alleppey, Kottayam and the loss of lives of not less than 60lakhs of common citizens of this country is real and imminent, and the on-going litigation in the Supreme Court where I appear for the common citizens is all certain to be a futile exercise. I address this letter inviting your excellency’s immediate personal...

26 February

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Until we abolish Collegium and senior designation, judicial reforms will remain as a mere myth.

Posted by Mathews J Nedumpara

in Open Letters

31st of March 2022. Dear fellow citizens, Our aim should not be confined to AIJS. That is certainly a worthy cause. But we must fearlessly enter the larger battle field. Dismantling of Collegium. Come what may, i have decided to pursue the cause marshalling all my resources. I may not see any definite success. But i will have the satisfaction that i did what i can. The defeat is going to be only temporary. The judges may harm me personally in many ways as they did in the past. But that is not going dissuade me from the path of judicial reforms...

26 February

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The chances of the Mullaperiyar dam breaking, which will lead to washing out of Ernakulam, Kottayam and Allepey districts, is a real danger. Read our petition in Hon’ble Supreme Court of India for urgent remedial action

Posted by Mathews J Nedumpara

in Open Letters

SYNOPSIS AND LIST OF DATES The Petitioners are instituting the instant writ petition for he considers that there is a real and imminent threat to the safety of the Mullaperiyar dam and that if the dam were to collapse due to the unprecedented rains or seismic activity, which by no stretch of imagination can be termed as unreasonable or ill-founded apprehension, he along with his family, so too millions of citizens of the state of Kerala will perish.The Mullaperiyar Dam is an over-a-century old gravity dam of 53.6 m in height and a reservoir capacity of 443 million m3. It impounds...

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