26 February

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Rohini Amin’s Appeal to the Members of Parliament to protect the Parliament from judicial invasions

Rohini AminGeneral Secretary, National Lawyers Campaign For Judicial Transparency And Reforms07.08.2021Hon’ble Members of Parliament and State Legislatures, Our constitutional democracy is founded on the principle that Parliament being the representative body of the people is Supreme. However, if a law enacted by the Parliament violates fundamental rights it is void being in violation of the very Constitution. There can be no dispute about it. However, abusing the concept of judicial review and through a mechanism called PIL which is against the very fundamentals of jurisprudence the courts have trenched into the domain of the executive and legislature. And as a result in...

26 February

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Court Mandated Capture of the Churches of the Jacobite Christians- Who Is At Fault?

Posted by Mathews J Nedumpara

in Blogs/Articles

1. Kerala, today, faces the curious scenario of the High Court ordering forceful takeover of the churches of the Syrian Jacobite Christians owing allegiance to the Patriarch of Antioch, in the purported implementation of the orders of the Supreme Court with many a bench of the High Court asserting that ‘rule of law’ being the very basic feature of the Constitution, the executive is dutybound to enforce the judgments of the Supreme Court, even if it would mean deploying central forces. The state government through none less than the Chief Secretary stated on oath that it is dutybound to implement...

26 February

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“Lord, forgive them for they know not what they do”, adieu Justice Nariman”

Posted by Mathews J Nedumpara

in Blogs/Articles

11.08.2021 The common citizens, particularly, the informed section, are proud that we have one of the best and most comprehensive constitutions in the world. Our constitution has a specific chapter stating in great elaboration, the sacrosanct rights such as equality, freedom of speech and expression, life and personal liberty, faith and conscience, etc. By virtue of Article 32 when these fundamental rights are infringed, a citizen as a matter of right, is entitled to approach the Supreme Court directly without recourse to any other Court, though otherwise the law is that one shall invoke the jurisdiction of the lowest court of...

26 February

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Has not Article 137 of the constitution providing for review become otiose, so too, the curative jurisprudence created through judicial legislation, unknown to jurisprudence elsewhere in the world.

Posted by Mathews J Nedumpara

in Blogs/Articles

20.8.2021 One of the senior most members of the NLC, out of anguish that SLPs, review petitions and curative petitions are dismissed in one-line/stereotypical orders, preferred an application under the RTI Act seeking the data concerning the total number of petitions filed under each category, the average time taken for hearing and final disposal and the percentage of such petitions being allowed or dismissed. The Registry of the Supreme Court replied to him saying that the Court does not maintain any data concerning the same, even as to the number of matters dismissed or allowed. However, he did not give up....

26 February

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Nedumpara’s Letter to CJI on judicial Reforms

Posted by Mathews J Nedumpara

in Blogs/Articles

2nd September 2021 Hon'ble Shri. N.V.Ramana,Chief Justice India, New Delhi May it please your Lordship, Sub: Judicial reforms to secure equal opportunities for all sections of lawyers in judicial appointments/as law officers of the government and public bodies, bringing an end to discriminative practices like designation and separate dress code which has a seeming imprimatur, audience to discuss these and other vital issues – Reg. I, as the President of the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), a campaign which is born out of the unjust and unfair practices meted out to the common litigants and lawyers, have been demanding radical...

26 February

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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. The background of the case is fairly known to all. Stated in brief, the Supreme Court, in complete violation of the procedure contemplated under the...

26 February

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Is it true that our legal system is founded on the premise that no court can do justice? (Read the arguments notes by Shri Nedumpara in challenge of Section 14 of the SARFAESI Act)

Posted by Mathews J Nedumpara

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Mathews J Nedumpara Brevity is the soul of wit, said Shakespeare. I would therefore like to keep the instant argument note as brief as possible. I do so for more than one reason.It is a travesty of justice that today in the 21st century when even jurisdictions other than civil law and common law countries have accepted the observance of the principles of natural justice fundamental, we in India increasingly trample the very first principles.The Petitioners, MSMEs were constrained to seek a declaration at the hands of this court that Section 14 of the SARFAESI Act which empower the Chief Metropolitan...

26 February

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Are not collegium a synonym for nepotism?

Posted by Mathews J Nedumpara

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AN OPEN LETTER TO THE COLLEGIUMMay it please Your Lordships, I have come to know from the social media that the collegium of the Supreme Court of India has recommended Chief Justice Maheswari of the Karnataka High Court and Justice Sanjeev Khanna of the Delhi High court as judges of the Supreme Court. It was further reported that justice Sanjeev Khanna is the son of Justice Khanna and nephew of the legendary Justice HR Khanna who had the courage to hold that the right to life does not stand suspended on a declaration of emergency. Justice Khanna had to pay a...

26 February

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Are not the eminent lawyers who lament at the misery of migrant labourers ‘ravenous wolves in the clothing of a sheep’?

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

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Nedumpara’s Open Letter To The Hon’ble PM, CJI, Chief Justices Of The High Courts, Members Of Parliament

Posted by Mathews J Nedumpara

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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, 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 Malhotra’s appointment came shortly after we had addressed a letter asking for greater representation of women in the Supreme Court and High Courts. The...

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