26 February

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Jacobite Church case- Synopsis

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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Nedumpara’s Letter to CJI seeking Justice for the slumdwellers of Aravali Hills

Posted by Mathews J Nedumpara

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To Hon'ble Mr. Justice NV Ramana,Chief Justice of India,Also to,Hon'ble Mr. Manohar Lal Khattar,Chief Minister of Haryana Sub: Demolition of the shanties of thousands of migrant laborers and urban poor, in the implementation of a judgement of the Supreme Court in purported PILs, rendered entirely behind their back. I have been on a campaign since 2010, when I first came to Bombay as a stranger, after being in the Bar for more than 25 years. It may appear strange to your Lordship, the campaign I started was for the "cry of the poor" to borrow an expression from Justice Krishna Iyer, to save...

26 February

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Denial of bail to Fr. Stan Swamy-a dark event in India’s history

Posted by Mathews J Nedumpara

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The denial of bail to Father Stan Swamy which has led to his incarceration and eventual death in a private hospital in Bombay still under judicial custody is one of the darkest incidents of denial of the fundamental freedom of life and liberty enshrined in our constitution. Even during the medieval days, the custody of a person accused was permissible only if the offences committed were so grave and such that if the person was at large he would not be available for trial and to undergo the punishment. Blackstone in his Commentaries of Laws of England has stated this...

26 February

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Letter to the CJ of Bombay High Court- My Lords hear the slumdwellers before your Lordships order their eviction

Posted by Mathews J Nedumpara

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7.7.2021 Hon'ble Mr. Justice Dipankar Datta,Chief Justice of the High Court of Judicature at Bombay May it please your Lordship Sub: Hearing of suo motu PIL- demolition of the shanties of slumdwellers- without there being a single slumdweller on the party array or any kind of representation on their behalf. What I came to notice from picking up today's newspaper is a report titled is "Is Government land executive's paternal property: CJ". The report by Times of India correspondent Rosy Sequeira goes on to say that the Hon'ble the Chief Justice criticized the policy of the successive governments in granting protection to the slumdwellers....

26 February

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Press Release issued in furtherance of the Press Conference held at the Chandigarh Press Club today at 12pm

Posted by Mathews J Nedumpara

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Demolition at Aravali In the PIL (Writ Petition no. 562 of 2021) instituted by 5 slumdwellers the Supreme Court ordered demolition of the shanties of the thousands of slumdwellers and to report compliance thereof within 6 weeks, and posted the case for reporting compliance on 27.7.2021. The order of the Supreme Court was one rendered void ab initio for the following reasons: a) in a Petition filed by merely 5 slumdwellers, at the best the court could have rejected the same, even with costs, but the Court had no jurisdiction to order demolition of the shanties of thousands of poor who were...

26 February

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There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent

Posted by Mathews J Nedumpara

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15.7.2021 There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent In this country, the distinction between the concept of res judicata and precedent is largely forgotten. As a result, a judgment of a superior court in a case between A and B, which may be erroneous but binding on the said parties, becomes binding on C and D, nay, on posterity as the law of the land. Often it is misconceived that every word of a judgment of a superior court is binding, the law of the land....

26 February

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“If the King was not above law, but under God and the law, the Master of the roster, the Chief Justice too is not above the law”

Posted by Mathews J Nedumpara

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A Division Bench of the Allahabad High Court dismissed with a cost of Rs. 20,000/- a petition by one Arun Misra as a 'party – in – person’ seeking a direction that certain Writ Petitions instituted by him shall not be listed before a particular judge. The order of the court is cryptic and it does not state what exactly is the factual matrix. All that is discernible from the order is that the petitioner had sought a direction to the Registry of the Court not to list cases filed by him before a “Particular Judge”. The order merely says that...

26 February

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Criticizing Bar Council amounts to misconduct

Posted by Mathews J Nedumpara

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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

Posted by Mathews J Nedumpara

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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

Posted by Mathews J Nedumpara

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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...

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