26 February

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Shri. Mukal Rohotgi, a failed Attorney General?

Mathews J Nedumpara President, NLC. 28.06.2020. Shri. Mukal Rohotgi, a failed Attorney General? Shri. Mukal Rohotgi's lamentations on the NJAC judgement is absolutely lacking in bonafides. In all humility, I must say that I attended the entire hearing of the case spanning over 31 days, a drama enacted by Mr. Fali Nariman and company to protect their fortress. The SCORA was a mere pawn. I was the only person other than the Central and State governments in support of the NJAC questioning the very maintainability of the so called PIL of SCORA. I pleaded that the maintainability of the PIL be decided as a...

26 February

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National Lawyers’ Campaign For Judicial Transparency And Reforms 31.3.2014

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National Lawyers' Campaign For Judicial Transparency And Reforms 31.3.2014 Objectives 1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall advertise the vacancies and invite applications from all eligible candidates; 2) Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 3) Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 4) Reintroduction of the policy of transfer of 1/3rd of judges out of their...

26 February

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

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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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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

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Mathews J Nedumpara Some members of the legal fraternity have criticized me for authoring article titled 'Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis' as it amounts to too sharp a criticism of the Supreme Court. When i was a young lawyer, for instance when the Judges 2 case was delivered, i felt the judgement to be a re-writing of the constitution. The Supreme Court snatching away the powers of the executive. I felt the Judges 2 case cannot even be called a judgement because there was no cause of action. There existed...

26 February

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My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case

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Maria Nedumpara My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case, though less personal, was just as appalling. A number of lawyers were before his lordship literally pleading for a chance to speak. 350 and odd families had been forcefully evicted in a period of 4 days, in the most inhumane manner. They were driven out of the homes in which they had been residing in for more than 9 or 10 years, the homes which they had purchased with a lifetime’s worth of savings. It would come as a shock to anyone reading this that...

26 February

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In the Supreme Court of India Civil Original Jurisdiction

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WRIT PETITION (C) NO.________OF 2019 BETWEEN Mathews J. Nedumpara &Ors. ...

26 February

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A lamentation

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Being a fair critic of the judiciary, nay, judicial decisions, has meant enormous suffering in all sense to me. Still, I do not regret, for, the mite which I could contribute was so important that, had I not ventured, probably the issues which are so vital to us as a constitutional Democracy would not have come to the public domain at all. It is we who brought to the public domain for the first time, since collegium came into existence, that, the legal and judicial dynasties, so too, influential politicians plan things in such a way that their progenies become...

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