MJN’s article on judgments in Sabarimala and Church cases

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...

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Practice what you preach, preach what you practice

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,...

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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

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,...

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Telegraphic letter for the attention of the PM

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...

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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.

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...

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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

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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To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen

Adv. Mathews J. Nedumpara 9820535428 26.7.2020 To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen 1. The faithful of the Syrian Orthodox church of Antioch and all the East, (the Patriarch faction) are denied their freedom of conscience and faith guaranteed by the Constitution of India; not by the government or any law enacted by the Parliament, but as a result of judgements of the Supreme Court. My clients, the faithful of the Syrian Orthodox church- the Patriarch faction, blame Justice Mishra of the Supreme Court. And the extent of their anger, pain and anguish is...

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Ne bis in idem, the simple solution for mounting arrears

Ne bis in idem, the simple solution for mounting arrears Mathews J. Nedumpara 9820535428 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...

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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...

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National Lawyers’ Campaign For Judicial Transparency And Reforms 31.3.2014

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...

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