22 May

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Article 141 does not sanctify Judicial Legislation (as a clarification to a query)

Article 141 does not sanctify Judicial Legislation (as a clarification to a query) Mathews J Nedumpara 22.06.2024. I Am not against the doctrine of "stare decisis et non quieta movere", nay, precedents,but only against it being reduced to a great menace,nay, absurdity. The difference between " res judicata" and "stare decisis" is forgotten. That is the real concern. What is done Today in the name of 'precedent' is to make past erroneous decisions which were binding only on the parties to the litigation, binding on all, even the posterity. The authoritativeness of a judgment based on the strength of the bench belongs to province...

29 August

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An appeal to the Honourable Chief Justice of India and Companion Judges

Posted by Mathews J Nedumpara

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An appeal to the Honourable Chief Justice of India and Companion Judges Mathews J Nedumpara 29.08.2023 98205 35428 The current system of judges appointing themselves mostly of their kith and kin, near and dear and of judges anointing mostly their kith and kin as Senior Advocates is a pernicious practice which has destroyed the institution of judiciary, nay, both a fraud on the Constitution. The Supreme Court has absolutely failed the people of this country. It has no time to hear and decide the real cases involving the lives, properties and liberties of the common people. The average time it devote to hear an SLP...

26 July

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PIL is antithetical to the Principles of natural justice

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PIL is antithetical to the Principles of natural justice Mathews J Nedumpara 98205 35428 26th July 2023 The Supreme Court has done great disservice to the nation by allowing Ashwani Upadhyay, Prashant Bhushan and their ilk to file so called PILs on issues which are not justiciable at all for publicity. The judges permitted the forum of the Supreme court to be abused because PILs allowed them to usurp matters falling in the exclusive province of the executive and legislature and rule the country, particularly on populist issues which make such abuse difficult to be criticized. I whole heartedly welcome people taking up the cases...

24 July

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The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by “senior advocates” at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights – reg.

Posted by Mathews J Nedumpara

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The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by "senior advocates" at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights - reg. Mathews J Nedumpara 24th July 2023 Hon'ble Shri Nitin Jamdar Acting Chief Justice, High Court of Bombay May it please your Lordship, This is the lastest in a long chain of letters which i have addressed to the Chief Justices/Acting CJs, ever since I happened to enter the portals of the Bombay High Court 15 years ago, as a total stranger,...

11 March

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OPEN LETTER – A Long Overdue Apology owed by the Institution of Judiciary

Posted by Mathews J Nedumpara

in Open Letters

OPEN LETTER – A Long Overdue Apology Owed by the Institution of Judiciary By Mathews J. Nedumpara To Hon’ble Shri Justice D.Y. Chandrachud, The Chief Justice of India Also to The Judges of the Bombay High Court Date: 11th March, 2023 Subject: The Institution of Judiciary Owes an Apology to Me, Which I Won’t Insist on or Even Expect, but I Certainly Would Do When It Comes to the Thousands of Slum Dwellers, Mothers with Their Newborn Infants Being Thrown Out of Their Homes onto the Streets, with All Their Belongings Being Confiscated or Bulldozed. Introduction What prompts me to address this open letter, in near telegraphic language, is...

28 February

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Abolish Senior Designation

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Abolish Senior Designation Mathews J Nedumpara President, NLC 28.02.2023 It is hearting to note that a large number of my esteemed brothers and sisters from the legal fraternity have joined this Group being determined to fight against the senior advocate designation system which was not in existence in this country until 1966. Unless and until this discriminatory and unjust system is not abolished, the legal system of our country has no future at all. In fact, what is at an even greater stake is the very institution of our Judiciary. Only a few people in our nation realize the great risk the country faces...

26 February

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Call for Justice: A Lawyer’s Stand Against Judicial Injustice-Press Release – 30.9.2022

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Call for Justice: A Lawyer's Stand Against Judicial Injustice-Press Release Mathews J Nedumpara As a lawyer at the bar for almost four decades, the incident which happened in Jabalpur today, a lawyer taking the extreme step of committing suicide, having been unjustly treated, insulted, unfortunately comes as no shock to me. In the temples of justice across the width and breadth of the country, lawyers and litigants are insulted and ill-treated. It is a question only of the varying degree. The southern states may be a little better. The lawyers who dare to question injustice and ill-treatment are silenced by summarily rejecting their...

26 February

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN Mathews J Nedumpara In his book titled “Off the Bench” in Chapter under the caption “Justices and justicing”, legendary Justice Krishna Iyer had lamented about the plight of millions of slum dwellers, who prayed ‘Save us from the Courts’, whose shanties within the precincts of Sanjay Gandhi National Park, Mumbai, were bulldozed in execution of an order of the Bombay High Court in a PIL on the premise that they were illegal. I was woken up from my sleep on the morning of 8th of May 2019 by an old client saying...

26 February

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WHO CAN FILE A PIL?

Posted by Mathews J Nedumpara

in Open Letters

WHO CAN FILE A PIL? Mathews J Nedumpara 26.02.2023 1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse, in moments of crisis as in the recent past...

26 February

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K.C THARAKAN WRIT PETITION IN Hon’b;e Supreme Court U/s Article 32 of Indian Constitution

Posted by Mathews J Nedumpara

in Open Letters, Petitions

K.C THARAKAN WRIT PETITION IN Hon'b;e Supreme Court U/s Article 32 of Indian Constitution Mathews J Nedumpara IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. ______ OF 2022 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA IN THE MATTER OF: K.C. THARAKAN ...

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