26 February

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WHO CAN FILE A PIL?

1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse, in moments of crisis as in the recent past where people in Delhi were in...

26 February

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Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud

Posted by Mathews J Nedumpara

in Open Letters

OPEN LETTER To, Hon'ble Dr. Justice DY Chandrachud Judge, Supreme Court Chairman of the Supreme Court E-Committee 14.4.2022 Sir, It is indeed heartening to come across your Lordship's statement as reported in Livelaw that we need to move from feudal to a more modern and futuristic Indian judiciary and that that change can happen only if our mindset changes. Your Lordship was further quoted to have said "and I do believe that technology provides us with a very powerful means of changing feudal practices within indian judiciary". Your Lordship has even lamented the practice of District judges being made to wait when a judge of a high...

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 Open Letters

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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Banking laws: Multiple laws which created multiple forums made litigations infinite. What is the solution ?

Posted by Mathews J Nedumpara

in Open Letters

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....

26 February

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Letter by Mathews Nedumpara to Chief Justice of Bombay High Court: Hon’ble Shri Dipankar Datta

Posted by Mathews J Nedumpara

in Open Letters

MATHEWS J. NEDUMPARA President NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS 12 F, A wing, Harbour Heights, Narayan A Sawant Rd, Azad Nagar, Colaba, Mumbai, Maharashtra 400005 Mob: +91 98205 35428 E-mail: mathewsjnedumpara@gmail.com 6.5.2022 To, Hon’ble Shri Dipankar Datta, Chief Justice, High Court of Judicature at Bombay, Mumbai May it please your Lordship, Sub: Emergent reforms without which the justice delivery system, which is on the ventilator, cannot be saved Ref: My letter seeking an audience with your Lordship and further follow-up with your Lordship’s private secretary. 1. It is a matter of great satisfaction and joy to come across the notification dated 2.5.2022 issued by the Registrars of the Bombay High...

26 February

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Hearing of the Writ Petition no. 592/2021- demolition of shanties of the poor of Aravali without them being afforded a hearing and the court assuming the role of the executive- regarding

Posted by Mathews J Nedumpara

in Open Letters

ToThe Hon'ble Mr. Justice A. M Khanwilkar,Judge,Supreme Court of India. May it please your Lordship, Sub: Hearing of the Writ Petition no. 592/2021- demolition of shanties of the poor of Aravali without them being afforded a hearing and the court assuming the role of the executive- regarding. I moved an application for recall of the order of this court ordering demolition of more than 10,000 shanties of the poor that too in a PIL where a few slumdwellers had sought regularisation of their shanties/ rehabilitation since the said orders of the Supreme Court was absolutely without jurisdiction and the court in doing so...

26 February

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Letter by Advocate Mathews Nedumpara addressed to the Chief Editor, Malayalam Manorama, way back in 2011 when the allegations of corruption against Chief Justice Balakrishnan were the talk of the town, not merely in the corridors of the bar

Posted by Mathews J Nedumpara

in Open Letters

Mathews J Nedumpara: This letter I had addressed to the Chief Editor, Malayalam Manorama, way back in 2011 when the allegations of corruption against Chief Justice Balakrishnan was the talk of the town, not merely in the corridors of the bar. The editor told me that since it is about the judiciary, they cannot touch it, for, the threat of contempt hangs over their head like damocle's sword. What he further said provoked my thought, namely, that if the court issues a contempt notice for speaking the truth about judicial corruption, the press will not even get a lawyer to...

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 Open Letters

20.8.2021 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. 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...

26 February

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Letter by Advocate Mathews J Nedumpara Hon’ble Mr. Justice A. M Khanwilkar, Judge, Supreme Court of India on Hearing of the Writ Petition no. 592/2021- demolition of shanties of the poor of Aravali without them being afforded a hearing and the court assuming the role of the executive.

Posted by Mathews J Nedumpara

in Open Letters

02.08.2021 To The Hon'ble Mr. Justice A. M Khanwilkar, Judge, Supreme Court of India. May it please your Lordship, Sub: Hearing of the Writ Petition no. 592/2021- demolition of shanties of the poor of Aravali without them being afforded a hearing and the court assuming the role of the executive- regarding. I moved an application for recall of the order of this court ordering demolition of more than 10,000 shanties of the poor that too in a PIL where a few slumdwellers had sought regularisation of their shanties/ rehabilitation since the said orders of the Supreme Court was absolutely without jurisdiction and the court in doing...

26 February

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Letter by Advocate Mathews J Nedumpara to Chief Minister of Kerala and others informing them about CAMPAIGN FOR HOME FOR ALL

Posted by Mathews J Nedumpara

in Open Letters

304, Hari Chambers, 3rd Floor, 54/68, S.B.S. Marg, Near Old Custom House, Fort Mumbai- 400 023 E-Mail: aminrohini@gmail.com, mathewsjnedumpara@gmail.com Cell # +91 9820 535428 , 022 22626634 2nd June, 2019 To 1. Hon'ble Sri Pinarayi Vijayan, Chief Minister of Kerala, 141, 3rd Floor, North Block, Government Secretariat, Thiruvananthapuram – 695001 2. Hon'ble Sri Ramesh Chennithala, Leader of Opposition, Kerala. 3. Hon'ble Shri Harindersingh Puri, Union Minister for Housing, New Delhi. 4. Hon'ble Sri Muraleedharan, Minister of State for External Affairs, New Delhi. 5. Shri K.K. Venugopal, Attorney General of India, New Delhi. Honourable Sirs, I address your Honourable Sirs as the President of the Campaign for Home for All,...

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