26 February

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Open Letter to Justice Kurien Joseph

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,...

26 February

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“Criticizing Bar Council amounts to misconduct”?

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Every man has a right to his reputation and nobody has a right to violate it. This is undeniable and has been recognized from the early days of Roman law, all legal systems. Advocates, and for that matter even the judges have no right to violate the right of reputation. When the common people violate it, they will have to face the consequence of criminal and civil proceedings for defamation and even contempt. Lawyers certainly are not above law. But at the same time, any attempt to silence criticism and dissent in the name of protecting judges or any authority,...

26 February

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Criticizing Bar Council amounts to misconduct

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27.06.2021 "Criticizing Bar Council amounts to misconduct"? Every man has a right to his reputation and nobody has a right to violate it. This is undeniable and has been recognized from the early days of Roman law, all legal systems. Advocates, and for that matter even the judges have no right to violate the right of reputation. When the common people violate it, they will have to face the consequence of criminal and civil proceedings for defamation and even contempt. Lawyers certainly are not above law. But at the same time, any attempt to silence criticism and dissent in the name of...

26 February

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Nedumpara’s Letter To The Prime Minister Complaining Nepotism In Judges’ Appointment

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Mathews J NedumparaPresident , NLCOPEN LETTER04.06.2020 Hon'ble Shri. Narendra ModiPrime Minister of IndiaNew DelhiHon'ble Shri S A Bobde,Chief Justice of India.Hon'ble the Chief Justice of Rajasthan.Hon'ble Shri Ashok Galot,Chief Minister of Rajasthan. Sirs, Sub: The reported decision of the collegium of the Rajasthan High Court recommending 17 names for appointment as judges of the Rajasthan High Court. I address this letter with great amount of pain and agony. I wish i were not to address this letter. But I have no choice. As the President of the National Lawyers Campaign for Judicial Transparency and Reforms, an organization registered under the Maharashtra Public Charitable Trust...

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 doaway with “precedents” nay, repeal of Article 141 of theConstitution.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 brainAnd can be done without much strain” 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 and...

26 February

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Demolition of Maradu homes, who will tell the court that it went wrong?

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Mathews J. Nedumpara I pen these few lines with great amount of pain and anguish. The Government of Kerala, in furtherance of an all party meeting convened by Shri Pinarayi Vijayan, Chief Minister of Kerala, engaged Shri Harish Salve, probably the highest paid lawyer in the country, to save 450 odd families of their homes, which were ordered to be demolished by a Bench of the Supreme Court headed by Hon'ble Shri Justice Arun Misra....

26 February

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Who is responsible for demolition of Maradu homes – an injustice which has no parallel in history

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Mathews J. Nedumpara Keralites across the breadth and width of the globe, nay, millions of people, with bated breath, watched five apartment buildings in Maradu, a prime location of Cochin surrounded by lakes and lush green, crumble down with a mushroom of dust being formed, as if an atom bomb has been dropped. While a few sadists, insane minds, knowing not what the ramifications are, celebrated, clapping their hands and beating drums, millions all...

26 February

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Demolition of 350 residential flats, Harish Salve’s monumental failure to defend Govt. of Kerala

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27.09.2019 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 save the thousands of...

26 February

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Ne bis in idem, the simple solution for mounting arrears

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1. Faced with the mind-boggling burden of arrears which today is more than 3.4 crores in the case of the subordinate courts and more than 51.5 lakhs in the case of the High Courts and even 62,064 in the case of the Supreme Court, our legislature and the superior Courts invoking even legislative powers, which the founding fathers had never visualized, have created large number of tribunals in substitution of the Civil Court, even the High Court. However, far from reducing the backlogs, such laws and tribunals have contributed in inconceivable terms, towards adding to the existing backlog of cases....

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