THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023E-Mail: aminrohini@gmail.com, mathewsjnedumpara@gmail.comCell # +91 9594 89 74 69 , 022 22626634 Mathews J. NedumparaPresident Mrs. Rohini M. Amin Ms.Sophia Pinto Mr. K. LingarajaMumbai- Vice President Vice President Delhi Vice President Mr. Navaneetha Krishnan TGeneral Secretary—————————————————————————————–

UTMOST CONFIDENTIAL 9th January, 2014

1) His Excellency Shri Pranab Mukherjee, President of India, Rashtrapati Bhavan, New Delhi-110 011.

Also to:2) His Excellency Shri H.M. Ansari, Vice-President of India, Vice-President House, 6, Maulana Azad Road, New Delhi 110 011.

3) Hon’ble Dr. Man Mohan Singh, Prime Minister of India, 148B, South Block, New Delhi-110 001.

4) Hon’ble Shri P. Sathasivam, Chief Justice of India-designate, Supreme Court of India, Tilak Marg, New Delhi 110 001.

5) Hon’ble Shri Kapil Sibal, Minister for Law & Justice Government of IndiaJaisalmer House26, Man Singh Road New Delhi 110 011.

6) Hon’ble Smt. Sushma Swaraj, MP & Leader of Opposition, Lok Sabha, 44, Parliament House, New Delhi 110 001.

7) Hon’ble Shri Arun Jaitley, MP & Leader of Opposition, Rajya Sabha, A-44, Kailash Colony, New Delhi 110 048.

8) Hon’ble Smt. Meera Kumar, Speaker, Lok Sabha, Delhi.

9) Their Excellencies, Governors of all States & Union Territories, India.

10) Hon’ble Shri Mohit S. Shah, Chief Justice, High Court of Judicature at Bombay, Mumbai 400 032.

12) Hon’ble Chairman, Law Commission of India, New Delhi.

13) Secretary to Government of India, Department of Justice, New Delhi.

14) Secretary to Government of India, Department of Law, New Delhi.

15) The Chairman, Bar Council of India,21, Rouse Avenue, Institutional Area, New Delhi-110 002.

16) President, Bar Association of Supreme Court, New Delhi.

17) Bar Association of all High Courts.

MAY IT PLEASE YOUR EXCELLENCY:Sub: Representation against appointment of Mr. Anil K. Narendran and Mr. A.K. Jayasankar Nambiar, sons of former Judges of the High Court of Kerala, as Judges of the High Court, as also against filling up of the exalted office of the Judges of the Supreme Court and High Courts almost exclusively by kith and kin of sitting and retired Judges of Supreme Court, High Courts as also by elite class of lawyers of big law firms. As a lawyer, I am bound to keep in mind that whatever I write in the public domain, nay, even in my private life, ought to be temperate and decorousness by use of the most polite debutante. But today I make an exception to the said sound principle. I feel today is a day when I should call a spade a spade, for when there is a duty to speak, silence is a crime. I dare to state that a large number kith and kin of sitting and former Judges of the Supreme Court, High Courts and the elite class of lawyers have been appointed as Judges of High Courts since 1994 i.e. after the infamous judgment in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441, commonly known as Judges-2 case, which Shri Fali S. Nariman, who used his great power of advocacy to win the said case, cursed it by saying that he wished he had lost it, though the said wisdom dawned on him 20 years down the line. Let me not mince words, even if I am to be hauled up for contempt for speaking the truth and speaking for the majority of the silent underdog lawyers who are terribly angry at the said judgment, but have no voice to raise, that the said judgment is nothing but, as legendary Justice Krishna Iyer said slamming the said judgment, one which is against the constitution, undemocratic and would lead to nepotism, nay, oligarchy.2. The undersigned being a Keralite had occasion to know late Shri K.R. Narayanan, former President of India, though in a remote way, and had heard from his close aids how critical he was about the introduction of Zamindari system in the matter of appointment to the office Judges of the Supreme Court and High Courts. I had heard then how reluctant he was about signing a warrant of appointment of a lawyer, who had just attained 40 years, as a Judge of the High Court of Bombay, and was made to sign the warrant pleading even that the warrant he was signing is of the future Chief Justice of India. What I heard in those days was hearsay, though I had no reason to disbelieve it. I find a reflection of the said hearsay in a book titled “Rule of The Heart, The Justice of Chandrashekhar Dharmadhikari” by a celebrated author by name Dr. Sheshrao Chavan; “A Biography” of one of the greatest of great Judges of contemporary times who, despite having only adorned the chair as the Acting Chief Justice of the High Court of Bombay, nay, a Padma Bhushan awardee, was known far beyond the borders of the State as a worthy soul, a Daniel in the chair of Solomon. At page 122 of the said book, it is said, and I quote:“It is widely rumoured, and I wish and pray that it is only a rumour and not a reality, that one young lawyer, who was a son of a Chief Justice of India, was appointed as High Court Judge over people who were his seniors in age and competence. The then President of India (the great soul K.R. Narayanan) was not inclined to sign his appointment order, but he reluctantly did on persuasion saying that he knows that he was signing the warrant for the future Chief Justice of India. As a result of this, competent and senior in age lawyers declined the offer of judgeship. What a tragedy for judiciary!”.3. Today I woke up to read a news item in the Times of India of even date at page 11 under the caption “Judges Cameo takes Madras High Court Bench by circus”. The said news states that a sitting Judge of the Madras high Court on Wednesday intervened in person before a Special Bench hearing a PIL against a proposed appointment of new Judges and said that the choice of probables was not fair. He said: “The selection is unfair, I am also part of the judiciary, I want to file an affidavit in my own name, please take notice of it.”4. I have nothing personally against Mr. Anil K. Narendran and Mr. A.K. Jayasankar Nambiar, but I believe that they are chosen as against dozens of far better and more eligible lawyers, solely because they are the sons of former Judges of the High Court. Using Right to Information Act, the National Lawyers Campaign for Judicial Transparency and Reforms, Mumbai, of which I am the President, and many like-minded persons made every effort to collect data as to who are the Judges of the Supreme Court and of various High Courts, particularly their kinship with former and sitting Judges, Chief Justices, Governors, Chief Ministers, Cabinet Ministers and the high and mighty. Unfortunately, far from receiving any support, the response was hostile. There is only one authentic publication as to who are the Judges of the Supreme Court of India and that is by one American Academician by name George H. Gadbois, Jr., with the help of worthy souls like S/Shri Upendra Bakshi, Rajiv Dhawan, et al. We, the National Lawyers Campaign for Judicial Transparency and Reforms, are in the process of bringing out a publication on similar lines, upto date. What our investigation reveals, though not shocking to me personally, but to be shocking to anyone who is not a part of the elite club of well-connected lawyers, is that except for one lawyer in the eligible age group of 40 to 55 years, not a single practising lawyer son of any of the retired Judge remains to be lawyers; they are all elevated to the Bench at the youngest possible age. The competition today among the retired Judges is to get their sons appointed at a younger age than the progeny of another Judge so that he reaches the Supreme Court unfailingly and becomes the Chief Justice of India, like what was pleaded before the reluctant former President Shri K.R. Narayanan.5. I am sorry that what I write is totally blunt; it will mean ruffling feathers of many a powerful. When we met Shri D. Raja, Member of Rajya Sabha, he cautioned us that some of the Judges have connections with mafia and we must be worried about our personal safety. I have deviated today from the path of reticence and moderation and have spoken out. I have spoken out for the general public and for a judiciary in which the faith of the people is not further allowed to be eroded. I anticipate all sorts of harassment; indeed, during the last 10 years of our campaign against corruption in judiciary, we have been subjected to all sorts of harassment, victimization, and literal liquidation professionally and, maybe, even otherwise. But nothing will stand in our way from speaking out. Hitherto, all letters were written as confidential; this letter too is confidential in the sense that it is addressed to the constitutional functionaries, not to defame or malign the system, for the undersigned as a lawyer with 30 years of standing, is part of the system and he is interested in doing everything within his means to keep the sanctity of the system, remove all dirt, whatever he can, to protect the stream of justice from being further polluted. I will not blame the Judges, collegium of the various High Courts and of the Supreme Court, nay, the judiciary alone for literally packing up the High Courts and the Supreme Court with the kith and kin of the Judges; I blame the Government, the spineless executive. The judgment in Judges-2 case, with utmost respect to the Supreme Court, is against the Constitution; it meant literal re-writing of the Constitution; snatching of the power vested in the executive. I must also blame the Supreme Court Bar Association, the so-called giants of the Bar. There are no more Setalwads, Seervais, Chaglas, and instead, we have today Harish Salves, Abhishek Manu Singhvis, R.K. Anands et al. I do not call them sycophants, for the world know what they are.6. I part with a word of apology to Mr. Anil K. Narendran and Mr. A.K. Jayasankar Nambiar for writing against their appointment as Judges of the Kerala High Court. It is indeed a painful affair; but I am sure that they will forgive me, for it is far better to practice as a lawyer and carry forward the tag of what they are because they are sons of former Judges. But I must say a word about Justice Nambiar. The law firm, Menon & Pai, of which he is a partner, has at least two members already on the Bench. There has long been a hushed up talk that Menon & Pai is the firm which represent the most elite class and there is too much of a representation of that firm on the Bench. I am sure, if the appointment of Mr. Anil K. Narendran and Mr. A.K. Jayasankar Nambiar does not take place and if the instant letter has some role in that, down 10 or 20 years, they will thank me as exponential successful lawyers for indirectly helping them to remain in the profession, to prove their mettle, and occupy the coveted place in the Bar.7. I have one humble request to the Hon’ble Chief Justice of India and the Supreme Court collegium. God alone knows when the proposed Judicial Commission Bill and the Judicial Accountability Bill will become a reality. People of this country have placed so much of faith and trust, and continue to do so, in the Supreme Court. It is time then that the supreme Court itself takes the initiative to do away with the collegium system which, I dare say, is a scandalous one, and adopt the system followed in the rest of the world. Even in England, from whom we have copied our common law and administrative system, the posts of Judges of Supreme Court of England are advertised and are open to all qualified Applicants. As a first measure, here, in India, please introduce the system of open and competitive selection of Judges by advertisement of all vacancies and inviting applications.8. Before I part with, if any word or expression used by me is felt to be inappropriate, I may be pardoned and I hereby offer my unconditional apology. With kind regards,Yours sincerely,(Mathews J. Nedumpara)