26 February

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An open letter to the Hon’ble PM, CJI, Chief Justices of the High Courts, Members of Parliament

MATHEWS J. NEDUMPARA President NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS 12 F, A Wing, Narayan A Sawant Rd, Azad Nagar, Colaba, Mumbai 400005 E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 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, 1. 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...

26 February

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

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Are not the civil courts the real 'constitutional courts'? 14.4.2020 Mathews J Nedumpara 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...

26 February

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Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution

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The Complete text of the article written by Shri Mathews J. Nedumpara which is published in the Times of India, today. Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution The supreme court ordered demolition of the 5 Buildings (apartments) at Maradu, Cochin on the finding that, it is in violation of CRZ-III. The Supreme court did not take notice of the fact that by notification issued in 2011 by the Central Government, Maradu was brought under the CRZ-II which would mean that if the buildings in question if were to be...

26 February

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Demolition of Maradu homes- fundamental questions further explained

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Mathews J. Nedumpara I addressed a letter dated 24th September, 2019 to the Chief Minister and Chief Secretary of Kerala and other high constitutional functionaries expressing my apprehension that Shri Harish Salve, one of the most celebrated lawyers of the country, who effectively defended the case of Shri Kulbhushan Jadhav in the International Court of Justice and thus became a household name and a great icon, may not be able to do justice to the Government of Kerala, his client, so too to the hapless flat buyers of Maradu who are to be rendered homeless because the contentions which he is...

26 February

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MJN’s article on judgments in Sabarimala and Church cases

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Faith versus State The majority judgment of the Supreme Court in Sabarimala case delivered on 20th September, 2018 striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 on the ground that it amounts to gender discrimination and untouchability, while received the applause of the English newspapers, the elite and the liberals, was taken as an unjust interference with the freedom of belief and conscience by the overwhelming majority of Lord Ayyappa devotees, particularly by women whose emancipation the judgment purported to be. Pilgrimage to the Ayyappa shrine in 2018 meant large scale violence, police resorting to lathi charge, hundreds of men...

26 February

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Practice what you preach, preach what you practice

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My humble request to the Hon'ble judges of the SC is, "Practice what you preach, preach what you practice " and not otherwise. 90% of the WPs involving the lives, liberties and properties of the common citizens are dismissed in limine, by a one line order, namely, 'the WP is dismissed'.99.99% of the Review Petitions are dismissed in stereotype orders in Chambers without hearing the litigant or his lawyer. The fate of the curative petitions are no different. These are undeniable facts. In all humility I beg to submit that Article 32 is only available to Ratan TATA, Harsh Mander,...

26 February

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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

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Mathews J Nedumpara President, NLC 98205 35428 8.6.2021 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. (REVISED CHART CHIEF JUSTICES OF INDIAN HIGH COURT) 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 (ie. the state executive) of the state concerned. In other words,...

26 February

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Telegraphic letter for the attention of the PM

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TELEGRAPHIC LETTER FOR THE ATTENTION OF PM 29 April 2018 To, Hon’ble Sri Narendra Modi, The Prime Minister of India Room No. 246, South Block, Raisina Hills, New Delhi Hon’ble Sri Modi Ji Subject: 1. Review of the NJAC case 2. Dismantling of the collegium 3. Audience with your kind self. Ref: Umpteen letters addressed to your Hon’ble self, some of which have not even been acknowledged. I address you sir, in a telegraphic language as the President of NLC in the hope that atleast this will receive your personal attention in view of the great national importance of the subject. 1. I was the only person who instituted a Substantive Petition...

26 February

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Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals.

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Mathews J Nedumpara President, NLC. 98205 35428 12.6.2021 Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals. (SUPREME COURT JUDGES progeny syndrome chart as modified). The constitution vests the power of appointment of judges in the executive. However, the SC in 1993 by rewriting the constitution wrestled the power of appointment to itself, on the specious premise that to do so is necessary to ward off political influence...

26 February

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. Mathews J. Nedumpara “Simple things can be done in simple ways; Hard things too can be done in simple ways; But it requires an inventive brain And can be done without much strain” 1. The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America...

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