Justice C N Ramachandran Nair retires

Senior Judge C.N Ramachandran Nair (L) poses
with Chief Justice Manjula Chellur after a send-off meeting at High Court  of Kerala. Photo: The Hindu/ Vipin Chandran. 

By Nebil Nizar/ myidnebil@gmail.com


Thiruvananthapuram: Senior most Kerala High Court Judge CN Ramachandran Nair hangs up his robes after serving the Bench for nearly eleven years.

C.N Ramachandran Nair, native of Kottayam District in Kerala, after obtaining his degree in Law, enrolled as an advocate on 09.11.1975 and started practice at Ernakulam. He practiced specially Criminal Appeals and Tax Matters before the Hon’ble High Court of Kerala.  

His Lordship was appointed as an Additional Judge of High Court of Kerala on 07.09. 2001 and confirmed as a Permanent Judge of the High Court of Kerala with effect from 27-11-2002. His Lordship also officiated as the Acting Chief Justice of High Court of Kerala.

During his 11 years as a High Court Judge, he delivered over 46,000 Judgments. Many of his Judgments were milestones and greatly discussed in Public domain. Ban on Public meetings on roadsides, Salary of Pre Primary and CBSE Teachers, are few examples. It is also to be noted that all his controversial Judgments were upheld and declared to be within law, by the Supreme Court of India.

Many of his observations and directions were also widely quoted in the press. Court Slams PSU Banks, says you are in money and not in property business (Financial Express, Sep 25, 2012). Court for LPG Transportation by Rail (The Hindu, 20^th September 2012). HC directs probe into unrecognized marine courses in Kerala (Business Line, 25^th September 2012). Court orders compensation to ISRO Scientist (The Hindu, 07^th September 2012). It is better to close down engineering colleges with low pass percentage (NDTV, June 29, 2012). 

“Judges are handling human problems which have to be dealt realistically with a human angle, though it may involve some flexibility of the legal principles,” said Justice C N Ramachandran Nair addressing a gathering at a Full Court Reference to honor him on his retirement from Bench. He also added “I have not sacrificed any of the public interests to uphold any principle of law because I always believed that litigation is to solve human problems and not to evolve abstract principles of law’’.  He further added ‘’I believe that law is a tool to render justice and not to justify or perpetuate injustice,” 

Prof. Manoj Krishna of Government Law College Thiruvananthapuram says ‘Justice C N Ramachandran Nair was a down to earth judge with total commitment to the society. His Judgments were testimony to his deep awareness and knowledge in law. By sheer number of cases he decided in the span of eleven years and the quality of judgments, he was a real leader in our High Court’.


Leading vernacular daily Mathrubhumi reports that C.N Ramachandran Nair will don the lawyers coat once again. He shall be practicing law before the Hon’ble Supreme Court of India. 

Justice Chellur sworn in as Chief Justice

Governor H R Bharadwaj administering the oath of office to High Court
Chief Justice Manjula Chellur at the Raj Bhavan Auditorium in Thiruvananthapuram on Wednesday.
Photo: The New Indian Express/ NP Jayan

By Lesley Rajan

Thiruvananthapuram: Mrs. Justice Manjula Chellur sworn in as 30^th Chief Justice of High Court of Kerala on Wednesday, 26^th September 2012 by Governor H R Bharadwaj at a simple but elegant function at Raj Bhavan.

Governor H R Bharadwaj administered oath to the Justice Manjula in the presence of Chief Minister Oomen Chandy, Speaker of Legislative Assembly G Karthikeyen, Law Minister K.M Mani and other Cabinet ministers, after Chief Secretary K Jayakumar read out the Warrant of Appointment issued by President Pranab Mukherjee.

Mrs. Manjula Chellur joined Karnataka Judicial Service as a District Judge in 1988. She was elevated as a permanent Judge of Karnataka High Court on 17^th August 2000. Her Lordship had been functioning as the Acting Chief Justice of Kerala High Court after she was transferred from Karnataka High Court last November.

The swearing in ceremony was also attended by former Supreme Court Judge Cyriac Joseph, High Court Judges C N Ramachandran Nair, T R Ramachandran Nair, C.K Abdul Rahim and Pius C Kuriakose; Director General of Prosecution T Asif Ali; Additional Director General of Prosecutions’ Tom Jose Padinjarekkara and Abdul Rasheed.

A Posthumous Tribute to T P K Nambiar

Senior Adv. T P Kelu Nambiar
Photo: The Hindu

By Dr. Justice V.R Krishna Iyer

A great jurist has to be fearless, independent and erudite.  Kelu was all these three.  An obsequious jurist is a dangerous coward, a submissive law man and one who sells opinions for the sake of position and promotion.  Kelu was a brave fighter, too bold to bend before the bench.  His use of the English language was powerful I cannot forgive his strong critics of my English—he was excellent but I liked his English without fear or favour, sharp diction never soft but always free from malignancy.  He had a point always, an original jurisprudence.  He was brief but longer in meaning than verbal essays, rarely cared for pleasing judges but his argument contained something new.  Kelu was Kerala’s incorruptible law teacher at the bar who never stooped to conquer with his creative soul. 

           

            When I declare Kelu Nambiar was a jurisprudent I comprehend in that expression social engineering.  Jurisprudence is the science of law designed to produce order in society.  Sans law what prevails is chaos.  The rule of law is therefore geared to produce peaceful conditions in the rule of life.  No law, no order and jurists themselves should be orderly so that the courts of law use their writ power to see that everything society does or authorities perform is according to propitious promotive of friendship fraternity and homogeneity.  This is possible only if those instrumentalities enforcing the rule of law like the Executive and judicature possess integrity beyond purchase for money or partiality.  If you seek a role model for these great virtues unerringly you reach one brave soul is Kelu Nambiar.  He has criticized me and my English he has never bend before the robes on the Bench because his only purpose is not fee or victory but social order without affection or illwill, fear or favour.  Arbitrariness and bravado are his allergy.  Kelu Nambiar will remain a model for the younger generation of the Bar for long.


(Dr. Justice V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India)

T P Kelu Nambiar, Senior Advocate, Dies at 85

By NEBIL NIZAR

Thiruvananthapuram: Senior Lawyer and Constitutional Expert TP Kelu Nambiar, 85, passed away at his residence in Cochin on 16^th September 2012 following a cardiac arrest in sleep.

Senior Adv. T P Kelu Nambiar
Photo: The New Indian Express

TPK Nambiar was a respectful, courteous, competent and open-minded soul who spoke his convictions without fear or favour. His friends and well-wishers at Bar, Bench and Academia remember him as an erudite lawyer and academician. Nambiar also believed that it was his duty to correct a Judge. He was a no nonsense man.

TPK Nambiar after his schooling from Ooty and Pre University from Madras Christian College studied Economics at St. Aloysius College, Mangalore. After a short stint as a School Teacher, he decided make law his mistress. He then joined Madras Law College (now Dr. Ambedkar Government Law College, Chennai), where he completed his Bachelors in Law (BL).  He is also a Masters in Law(ML) in Criminal Laws from University of Madras.

He enrolled as an Advocate in the Madras High Court in 1954. Joined the chambers of his father-in-law and leading civil lawyer A Achuthen Nambiar. In 1956, after the formation of High Court of Kerala, he shifted his practice there.

Speaking to TheTimes of India, Adv. Kaleeshwaram Raj said: Nambiar was a three in one personality, a good lawyer, a teacher and a good writer.

He was the lawyer for Kerala Public Service Commission for 17years. He was also the lawyer for Goa Public Service Commission. Standing Counsel for Kerala and MG University. Also Lawyer for Reserve Bank of India(RBI), State Bank of India (SBI), Kerala State Electricity Board (KSEB), United India Insurance Company,  Sree Chithira Thirunal Institute of Medical Sciences, Kerala Cashew Development Corporation (KCDC), Rehabilitation Plantation Corporation.

He was the patron of legal reporter Kerala Law Times. TPK Nambiar published a book comprising a collection of his articles in the title ‘Nambiar’s Miscellany’.

He contributed to the academia as well. He was a member of Board of Studies of MG University and member of Faculty of Law, Kerala University. He was appointed as a lecturer by the Bar Council of Kerala for the law apprentices and by the High Court for Trainee Munsiffs and Magistrates.

He also taught law for five years at His Highness Maharajah’s Government Law College Ernakulam. His students then include Union Cabinet Ministers- A.K Antony and Vayalar Ravi; Kerala Chief Minister Oomen Chandy, Former Chief Justice of India Dr. K G Balakrishnan, former High Court Judge K Narayana Kurup.

His wife and three children survive him. Condolence messages may be sent to Dr. Hemalatha Nambiar, ‘Anamika’, Karakkat Road, Kochi-16, Kerala, India.

Economic Liberalism popularized Law

By Vimal Koshy

Thiruvananthapuram: Padmasree and leading jurist Prof. (Dr.) N.R Madhava Menon has called for added effort to improve the state of legal education in Kerala.

Prof. (Dr.) N.R Madhava Menon
Photo: http://www.forumfed.org/en/index.php

He was speaking at Prof. N Purushothaman Commemorative Talk on ‘Legal Education: Problems and Prospects’ at Government Law College Thiruvananthapuram, University of Kerala on 12^th September 2012.

Delivering his commemorative speech, he said: ‘When private investments come, people learnt in law and technocrats will become a necessity. Both Indian and foreign investors would need lawyers and technocrats. Country is today facing a shortage of competitive lawyers.

He also said to students that today law practice is not the only opinion before them. Legal Journalists, legal researchers, legal consultants, LPOs and many others jobs are in front of them in this globalised economy.

He asked students in Kerala to think beyond government jobs and go for private jobs.

Justice Rajendra Babu, Former Judge of High Court of Kerala; A Sampath, Member of Parliament and President of Alumni Association ; Prof. S Usha, Principal, Government Law College Thiruvananthapuram and others took part.

18 Murder, 60 Kidnap, 210 Rapes

Kerala Police releases statistics on crime against Children.

Thiruvananthapuram: Crime statistics released by Kerala Police shows 18 cases of murder, 60 cases of Kidnap and 210 cases of rape against minors in the state during the first six months of this year.

Photo:  http://echoofindia.com/

210 cases of rape were registered by state Police during the first six months of 2012, against 423 cases in 2011. The statistics also shows the registration of 60 cases of Kidnap during the first half of this year, against 129 in 2011 and 111 in 2010.

During the first six months, 18 cases of murder of minors have been registered. It was 46 in 2011 and 42 in 2010. 2 cases of abetment of suicide have been registered during the first six months of this year, against 2 in 2011.

For the past five years no case of procurement of minor girls were registered, however 8 cases were registered in the first six months of 2012. Number of offences charged under Prohibition of Child Marriage Act stands at 3 during the first six months, against 3 in 2011.

In toto, 625 cases of crimes against children have been registered in Kerala during the first half of 2012. During the whole of 2011, it was 1452 cases.


(Reported by Navya Frederick Pereira)