26 February

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Nedumpara’s Open Letter to Justice Kurian Joseph

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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The Judgement in Sabarimala Case Constitutes to be No Res Judicata and Is Not Executable

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The Judgement in Sabarimala Case Constitutes to be No Res Judicata and Is Not Executable. Mathews J. Nedumpara 16th November, 2019 What prompts me to pen these few lines is the news item in today’s (16.11.2019) Times of India, Cochin Edition, under the caption “Government must read dissenting ruling in Sabarimala case: Nariman. Cannot allow violation of extremely important ruling: Judge”. Francis Bacon, Lord Chancellor of England, said de fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti – the honesty and integrity of a Judge cannot be questioned, but his...

26 February

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

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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 letter to the Prime Minister demanding emergent judicial reforms to prevent democracy be reduced to judgeocracy

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5.9.2020AN OPEN LETTERMATHEWS J. NEDUMPARAPresidentNATIONAL LAWYERS CAMPAIGN FOR JUDICIALTRANSPARENCY AND REFORMS304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 023No. 11, DD Tudor Villa, Padam Road, Vaduthala- 682 023Mob: +91 9820535428 email: mathewsjnedumpara@gmail.com To, Hon'ble Shri. Narendra Modi,The Prime Minister of India. Hon'ble Smt. Sonia Gandhi,President of INC. Leaders of the various political parties,Members of Parliament, Members of the legal fraternity,press, the public at large. Hon'ble Sirs and Mesdames, Sub: Emergent judicial reforms lest supremacy of the Constitution and the Parliament, nay, democracy should be put to great jeopardy, and “judgeocracy” is further perpetuated through PILs. The conviction of Mr. Prashant Bhushan for contempt of court...

26 February

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Video recording the court proceedings, an Offence?

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Video recording the court proceedings, an Offence? Mathews J. Nedumpara.19th September 2019 Nullum crimen sine lege, nulla poena sine lege is a Latin maxim that means "no crime or punishment without a law." There can be no crime committed, and no punishment meted out, without a violation of penal law as it existed at the time. This basic legal principle has been incorporated into international criminal law. This is also one of the fundamental principles of law which is incorporated in Part III of the Constitution. In simple words, no person can be proceeded against and punished unless the legislature had...

26 February

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Jacobite Church case- Synopsis

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Jacobite Church case- 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...

26 February

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Our Interpretation of Constitutional Law has Become a Classic Example of Human Stupidity

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Our Interpretation of Constitutional Law has Become a Classic Example of Human StupidityMathews J Nedumpara Two things are infinite, said Einstein: the universe and human stupidity. Our interpretation of constitutional law has become a classic example of human stupidity. Let me explain. The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent. Res judicata means a decision in a case between A and B will bind and them, but not C and D who were not parties to it, in other words, it will...

26 February

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Progeny Judges’ Syndrome Chart- Chief Justices of HCs

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Progeny Syndrome Chart- Chief Justices of HCs ...

26 February

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Open Letter to Justice Kurien Joseph

Posted by Mathews J Nedumpara

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3rd December 2018 To Hon'ble Mr. Justice Kurian Joseph,Former Judge, Supreme Court of India,New Delhi. MAY 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 members of...

26 February

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Video-Recording Of Proceedings Of Courts And Tribunals – A Panacea For The Ills Which Indian Judiciary Faces Today

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VIDEO-RECORDING OF PROCEEDINGS OF COURTS AND TRIBUNALS – A PANACEA FOR THE ILLS WHICH INDIAN JUDICIARY FACES TODAY.Mathews J Nedumpara 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. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for,...

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