26 February

Sticky

Who are the Judges of the Supreme Court of India?

The Supreme Court of India is the most powerful court on the planet. It probably is the only apex Court which is also the court of first instance. Under Article 32 of the Constitution of India, a citizen can approach it without recourse to any other court, complaining violation of fundamental rights. The founding fathers felt it necessary to provide so because of their concern for the lives and liberties of the citizens, for the horrors witnessed during the colonial rule. The constitution of India is a perfect blend of the concepts of federalism and that of a centralized government. It...

26 February

0 Comments

Sticky

An appeal to the people

Posted by Mathews J Nedumpara

in Blogs/Articles

An appeal to the people Today is probably one of the saddest days in my life as a lawyer. Sri Harish Salve, whom the media has always glorified as one of the greatest of lawyers for his hair splitting arguments, a national icon since his appearance in Kulbhushan Jhadav, reduced himself to be one of the very ordinary lawyers, a defacto psychofant, agreeing to every word of the court, servile to the very core and betraying the state of Kerala whom he represented. The court took a very high moral standing, that it is ordering the demolition of the building to...

26 February

0 Comments

Sticky

Four- fifths of the CJs of High Courts are sons, sons- in -law, nephews, juniors of Chief Justices, Judges, Attorney Generals, Advocate Generals, Ministers et al.

Posted by Mathews J Nedumpara

in Blogs/Articles

1. Our Constitution provides that the President (i.e., the executive) shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India and such other judges of the Supreme Court and HCs, and in the case of judges of the High Courts the CJI and the CJ and the Governor (i.e. the state executive) of the state concerned. In other words, the executive, accountable to the Parliament and thereby the people of this country, is vested with the power of appointment. The only obligation is to consult the Chief Justice of India et al. 2. However, in the...

26 February

0 Comments

Sticky

In the Supreme Court of India Writ Petition (C) No. ___of 2020

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE SUPREME COURT OF INDIA WRIT PETITION (C) NO. ___OF 2020 Mathews J. Nedumpara …Petitioner vs. Union of India & ors. …Respondents SYNOPSIS Millions and millions of animals, milking and pregnant cows, calves, buffalos, goats, poultry are slaughtered in the most inhuman ways, in clear violation of the mandate of Articles 48, 48A and 51A (g) of the Constitution of India, as also the various Acts, Regulations and Rules enacted/framed by the Parliament, various State Assemblies, Centre and State Governments, banning the slaughter of milking cows and calves, as also regulating the slaughter of animals. Millions of wild animals, wild boars, elephants, dear, bisons are...

26 February

0 Comments

Sticky

Campaign For Home For All

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

0 Comments

Sticky

Arun Mishra rejected the request of the Maradu flat owners for some time

Posted by Mathews J Nedumpara

in Blogs/Articles

20.02.21 Arun Mishra rejected the request of the Maradu flat owners for some time, few days, to vacate their homes after it was ordered to be demolished, stating that not even one minute will be granted. I was witness to that. The press, the government and the political leaders in kerala remained mute. Nobody pointed out that he had no authority to order such demolition. His job was to adjuducate whether the statutory bodies ordering demolition was right or wrong, had it ordered demolition. The statutory authority had only issued a show cause notice which the high court set aside. The...

26 February

0 Comments

Sticky

I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 28.02.2021 I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled. Though I prefer to use a different terminology. It is certainly facing a grave crisis. The question is who is responsible. I cannot comment on the role of the judges and I refrain from doing so. I would only say people like Justice Gogoi have no morale right to lament. It is the so called legal luminaries who destroyed the institution of judiciary. They reduced the absolutely useful tool of stare decisis, nay, precedent to a number game introducing...

26 February

0 Comments

Sticky

Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018

Posted by Mathews J Nedumpara

in Blogs/Articles

25.3.2021 To, 1. Secretary General Supreme Court of India 2. Registrar, Judicial Supreme Court of India 3. Office in charge of listing of cases 4. Section officers and other dealing Assistants in charge of listing Sub: Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018. The Writ petition on the subjected cited above has been pending for the last more than 2 years and it has not even once been listed after its final numbering, though, I made repeated...

26 February

0 Comments

Sticky

In The Supreme Court of India Civil Original Jurisdiction Review Petition (Civil) No. ___ of 2018

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION REVIEW PETITION (CIVIL) NO. ___ OF 2018 IN WRIT PETITION (CIVIL) 1303 OF 1987 [Seeking review of the judgment dated 06/10/1993 passed by this Hon'ble Court in Writ Petition (Civil) 1303 of 1987 reported as Supreme Court Advocates-on-Record Association And Anr. v. Union of India, (1993) 4 SCC 441] National Lawyers’ Campaign for Judicial Reforms and Transparency, represented by its Secretary, A.C.Philip & Ors REVIEW PETITIONERS IN THE MATTER OF: The Supreme Court Advocates-on-Record Association and anr . …..PETITIONERS VERSUS The Union of India …..RESPONDENT WITH IA.NO. OF 2018 Application seeking a declaration that there is no delay in filing the Review Petition/Condonation of delay. WITH IA.NO. OF 2018 Application for...

26 February

0 Comments

Sticky

The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg

Posted by Mathews J Nedumpara

in Blogs/Articles

The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg. Corruption in judiciary is a reality. It is rampant, maybe even of a greater scale than in other departments of the government. I happen to be back in Kerala High Court after a gap of almost 20 years due to the Covid-19 pandemic. To my utter shock even the Kerala High Court had changed. A number of allegations were brought to my notice. They wanted me to...

Blogs

Disclaimer: