26 February

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Rohini Amin’s Appeal to the Members of Parliament to protect the Parliament from judicial invasions

Rohini AminGeneral Secretary, National Lawyers Campaign For Judicial Transparency And Reforms07.08.2021Hon’ble Members of Parliament and State Legislatures, Our constitutional democracy is founded on the principle that Parliament being the representative body of the people is Supreme. However, if a law enacted by the Parliament violates fundamental rights it is void being in violation of the very Constitution. There can be no dispute about it. However, abusing the concept of judicial review and through a mechanism called PIL which is against the very fundamentals of jurisprudence the courts have trenched into the domain of the executive and legislature. And as a result in...

26 February

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Pray for our country

Posted by Mathews J Nedumpara

in Blogs/Articles

Except a few, very few, all the SC and HC judges owe their office to their families and connections. Office of the Judges , so too "Sr.designation" are inheritance. Except a few nice souls, the majority think they are Kings and carry blue blood on their veins. Arrogance and pride is their hallmark. Now, like Kings they rule the country through "Suo motu" proceedings where they are the actor( plaintiff) and judex ( judge), both at once. Hypocrites like Dushant Dave and Prashant Bhushan by clamoring for "suo motu" action has been giving legitimacy for the naked violation of the...

26 February

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Ignorance is not always a bliss

Posted by Mathews J Nedumpara

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Prashant Bhushan's opinion (on Modi government's alleged writing off bad loans of big companies) is wholly faulty and is based on a common misconception. He should have, as a lawyer, studied the subject before attacking the Government. I say so, because the Government has no role whatsoever, at all. Banks are obligated to write off bad debts under the accounting standards which are mandatory. Banks write off thousands of crores of rupees every year. If they don't do so, their balance sheets will not disclose the true and fair state of its financial affairs. Bad loans, be it of Nirav Modi's...

26 February

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Syrian Jacobite Christians of Kerala had to suffer injustice only because eminent lawyers who conducted their cases were unfamiliar of the true ramifications of the concept of res judicata, res inter alios and stare decisis. (Read the synopsis of the Review Petitions by Sri. Nedumpara)

Posted by Mathews J Nedumpara

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Synopsis The Petitioners are constrained to file this review, sadly, only because this Honble court, the Petitioners beg to submit with all humility and with utmost respect, failed to record the core of their contention that the instant church in question, and for that matter not a single out of the 1064 churches of the Malankara Syrian Jacobite Church, was a party to the Samudayan case which has culminated in the judgement of the 5-judge constitution bench of the Supreme Court, namely, AIR 1959 SC 31 and, therefore, the said judgement is not binding on the Petitioner church and others. Had...

26 February

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Abolish sedition and contempt of court by scandalization, both

Posted by Mathews J Nedumpara

in Blogs/Articles

In the 11-13th century, the monarch was not very powerful. He had to depend on barons for support. The King did not interfere in the affairs of the barons who were even allowed to run parallel governance, even courts. As time passed every crime was taken as a breach of the King's peace and was to be tried by the courts which sat in sessions, appointed by the king. Of all the offences, sedition, namely, even expressing a wish for the death of the King, his wife or family members was considered to be sedition. Between law of contempt and...

26 February

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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 which, is nothing but sacrilege. The foremost of such myth...

26 February

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Nedumpara’s Open Letter to Justice Kurian Joseph

Posted by Mathews J Nedumpara

in Blogs/Articles

3rd December, 2018ToHon'ble Mr. Justice Kurian Joseph ,Former Judge, Supreme Court of India,New Delhi.OPEN LETTERMAY IT PLEASE YOUR LORDSHIP: Today’s Times of India, on its front page, carried an article by Mr. Dhananjay Mohapatra, one of the illustrious legal reporters of the country, under the caption “We felt the then CJI was remote-controlled: Joseph”. Within the said main heading, there was a sub-heading titled “Ex Supreme Court Judge says minority tag hinders careers”. Under the said caption Your Lordship is reported to have said “the minority tag is a hindrance to career progression of...

26 February

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Nedumpara’s Open Letter To The Hon’ble PM, CJI, Chief Justices Of The High Courts, Members Of Parliament

Posted by Mathews J Nedumpara

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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, 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 Malhotra’s appointment came shortly after we had addressed a letter asking for greater representation of women in the Supreme Court and High Courts. The...

26 February

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Are not the eminent lawyers who lament at the misery of migrant labourers ‘ravenous wolves in the clothing of a sheep’?

Posted by Mathews J Nedumpara

in Blogs/Articles

28.5.2020 The miseries which the millions of migrant labourers had to face with the imposition of the lockdown, so too its easing no words can adequately describe. It would wrench the hearts of even the most hardened ones. But the question is: could the governments be entirely blamed for the same even while fully accepting that there has been great shortcomings even in Kerala which has managed the Covid pandemic exceedingly well? But the question is: are not these functions falling under the exclusive province of the executive as has been rightly pointed out by Arghya Sen Gupta in his article...

26 February

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Are not collegium a synonym for nepotism?

Posted by Mathews J Nedumpara

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AN OPEN LETTER TO THE COLLEGIUMMay it please Your Lordships, I have come to know from the social media that the collegium of the Supreme Court of India has recommended Chief Justice Maheswari of the Karnataka High Court and Justice Sanjeev Khanna of the Delhi High court as judges of the Supreme Court. It was further reported that justice Sanjeev Khanna is the son of Justice Khanna and nephew of the legendary Justice HR Khanna who had the courage to hold that the right to life does not stand suspended on a declaration of emergency. Justice Khanna had to pay a...

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