26 February

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

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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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 Magistrate/ District...

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

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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

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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...

26 February

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Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993

Posted by Mathews J Nedumpara

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Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993 The judges 2 case is of monumental significance so far as our very existence as a constitutional democracy is concerned. For those like my daughter, a young lawyer, my juniors and the thousands of young lawyers who dream of one day occupying the august office of the Chief Justice of India or a of a Judge of the Supreme Court or of a High Court, everything depends upon the decision of the court in the review. I say so because, today,...

26 February

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Nedumpara’s Open Letter to Justice Kurian Joseph

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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’?

Posted by Mathews J Nedumpara

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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...

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