26 February

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

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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Judges’ disease

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09.01.2022 Judges' disease There can be no two opinion that the bar and the bench are the two sides of the same coin and should respect each other and maintain a cordial and healthy relationship. However, as legendary Justice Krishna Iyer has lamented a not so minority among the judges become afflicted of " judges disease " and treat litigants and lawyers badly. The hapless lawyer and the litigant, the victim of arrogance, pomposity and irritability of the judges if had reacted out of sense of hurt, being humiliated and ill treated publically is threatened with contempt. The only option open to...

26 February

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Suo motu PILs and judicial activism is undemocratic and a threat to the independence of judiciary

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Mathews J NedumparaPresident, NLC98205 354287.11.2021 Nobody can be an actor (suitor) and a judex (judge) at the same time is a fundamental principle of law. A court can make an exception to that to correct grave errors at its hands, suo motu, acting on itself. Judges are free citizens and they are free to do whatever is not prohibited by law is not a correct perception. The office they occupy is sacrosanct and their conduct should be exemplary. They should command respect by the quality of their judgements, erudition, their independence, fairness and impartiality. It is forbidden for a judge to...

26 February

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Judicial Accountability Act – A must for protection from wilful denial of justice, impropriety and corruption

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01.01.2022. There are innumerable instances in India, nay, even in US, UK and other advanced countries, of innocents being convicted and sentenced to death and their innocence being brought to the public domain after they have been executed or have undergone the punishment. In the western countries, such conviction of innocent men and women is the result of the fallibilty of the justice delivery system manned by even the best. Adoption of modern technology in the detection of crime and prosecution, including video recording of court proceedings is certain to reduce innocent people being convicted because of human error to the...

26 February

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If the king (sovereign) is below God and the law, the judges and the depositories of the judicial power of the sovereign are not above God and law

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Hon'ble Mr. Justice Dipankar Datta,Chief justice,High Court of Judicature at Bombay. May it please your Lordship, I logged in to the Chief Justice's Court even before 11 am this morning and sat all throughout, waiting to be admitted, inspite of the unbearable pain due to slipped disc. I send a screenshot via whatsapp to Shri Chandwani, Prothonotory, and Shri Nikumb, your lordship’s associate, pointing out that I have not been admitted and requesting them to admit me, since my case, Sr. No. 29, a petition instituted by a designated covid hospital seeking immediate oxygen supply. I do not wish to attribute any...

26 February

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Wilful denial of justice by Shri Komalsing Rajput, Metropolitan Magistrate, Bandra, Mumbai, to a widow thrown out of her home – Complaint- reg.

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Mrs. Sabina Lakdawalaw/o late Mr. Yusuf M. LakdawalaFlat 14,15 Sunflower BuildingCarter Rd, Bandra West, Mumbai,Maharashtra 400050Communication may be addressed to my lawyer,Adv. Maria Nedumpara, at12F , A wing, Harbour Heights,Narayan A Sawant Rd, Azad Nagar,Colaba, Mumbai,Maharashtra- 4000059820910396/9820535428 30 December, 2021 To,1) Hon’ble Mr. Justice Dipankar DattaChief Justice of the High Court of Bombay Also to,All the judges of the High Court of Bombay May it please your Lordship/Ladyship, Sub: Wilful denial of justice by Shri Komalsing Rajput, Metropolitan Magistrate, Bandra, Mumbai, to a widow thrown out of her home – Complaint- reg. 1. I am the wife of late Mr. Yusuf Lakdawala who died on 9.9.2021...

26 February

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Nedumpara’s letter to President, Kerala High Court Bar Association: An appeal for abolition of pernicious system of Designation of lawyers

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4th January, 2019 To Sri Ramkumar,Senior Advocate. Copy to: President and Members of the Kerala High Court Advocates’ Association. Respected Sir, Sub: Designation of lawyers – insult to the members of the Association. I happened to come across the letter which you have addressed to the President and Members of the Executive Committee of the Kerala High Court Advocates’ Association at 6.43 a.m. today on its being forwarded to me by a very close friend of mine, a fellow sexagenarian. The word ‘insult’ in the caption of your letter captured my thought. By 9 O’clock, I received a call from a good old friend, who had applied...

26 February

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Nedumpara’s suggestions to the SC on Video Recording of the court proceedings

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IN THE SUPREME COURT OF INDIAORDINARY ORIGINAL JURISDICTION WP(C) NO. 861/2018IN THE MATTER BETWEENMathews J. NedumparaAnd OthersPETITIONERS Versus The Supreme Court of India and Others RESPONDENTS TO THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THEHON’BLE SUPREME COURT OF INDIA HUMBLE SUGGESTIONS BY THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH: The Audio-Video Recording of Judicial Proceedings is a measure which is very safe and easy to implement, as the Petitioners had directly witnessed the same in a Contempt of Court Proceedings at the Nagpur Bench of Bombay High Court, as Counsels, where it was implemented on mere application of the Contemnor without calling for any suggestions....

26 February

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The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive

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Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction is granted without being confronted by questions as to the maintainability of the petition for the petitioner not having exhausted the “alternative remedies”, realise that reality is different from perception. In high...

26 February

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In our legal system, if a lawyer is falsely accused of improper conduct, or where a judge acts unfairly, and denies a fair opportunity for a lawyer to represent his case, the law provides to him no remedies at all.

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MATHEWS J. NEDUMPARAAdvocate304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 001.No.11, DD Tudor Villa, Padam Road, Cochin-682 023.E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 5.10.2021 ToHon’ble Mr. Justice S. ManikumarChief Justice, High Court of Kerala Also to,Hon’ble Mr. Devan RamachandranJudge, High Court of Kerala May it please your Lordships, Sub: Hearing of the Church case at serial no. 124, today, 5th October, 2021 In our legal system, if a lawyer is falsely...

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