Saturday 5 September 2015

Post Retirement job mania

Photo: Caravan Magazine

By Nebil Nizar


The Indian Express news story dated July 30, 2012 exposed a shocking fact, out of 21 Judges retired from the Supreme Court since January 2008, 18 are granted post retirement jobs by government. In many cases, judges accepted post-retirement appointments much before they formally demitted office.

Dr. B.R Ambedkar spoke the following words in Constituent Assembly: ‘There is no difference of opinion in the House that our Judiciary must be both independent of the executive and must also be competent in itself. And the question is how these objects can be secured’. The primary talk on the independence of Judiciary is based on the doctrine of separation of powers.

Judiciary acts as a watchdog by ensuring that the other two organs of the Government function within the limits set by the Constitution of India. If the Judiciary is not independent then the other organs will pressurize the Judiciary to interpret the constitution according to them. It is also expected out of Judiciary to deliver judicial justice and not committed justice.

At present, the Constitution provides a lot of provisions for the independence of Judiciary. Art 124(2) and Art 217 (1) speaks about the retirement ages of Supreme Court and High Court Judges, respectively. They can be removed from the office only by an Impeachment in the Parliament on the grounds of proven misbehavior or incapacity. Art 121 and Art 211 speaks about the restriction to speak on the conduct of a Judge of Supreme Court or High Court  on the floor of Parliament and state legislature, respectively. Art 129 and  Art 215 deals with contempt power of Supreme Court and High Court, respectively.

In the recent times, reports of billion dollar worth scams are coming out. Let us take 2G Spectrum scam for example, 1.76 lakh crore is the estimated loss by Comptroller and Auditor General of India. The then Union Cabinet Minister and many senior bureaucrats are now in Jail. The media and section of society is accusing another serving Cabinet minister in the fraud. Maybe he is innocent. A basic postulate of the rule of law is that ‘justice should not only be done but it must also seen to be done’.  Can Justice be ‘seen to be done’ if the same Judge who gave clean chit to this minister is tomorrow accepting a post retirement benefit from the Government?

If a tendency to appease the government arises, then the entire Justice system would collapse. It will surely undermine ‘public confidence’ in the administration of justice.

The four options in front of us to solve this issue are (i) Appoint Judges for Life as like in the United States. (ii) Retirement age shall be increased to 70 for both High Court and Supreme Court Judges. (iii) Name of the Judge for post-retirement jobs should be suggested by a Panel headed by Chief Justice of Supreme Court/ High Court with Law Minister, Opposition leaders as members. (iv)125th Report of Law Commission of India speaks about introducing shift system in Courts and re-employing retired Judges. This may also be considered.

The gravity of the situation is so heavy that the ‘academia’ must urgently moot this and find a solution for the same and forward it to all the three branches of government.

Tuesday 28 April 2015

Editorial: Finally, a good move.

Photo: http://www.digitaljournal.com/img/2/4/1/2/6/0/i/7/0/8/o/BETSEY84.jpg


By
Nebil Nizar

T
he late but apt move of the Kerala Judicial Officers Association in taking up the cause of Judges, who cannot defend themselves before the general public, is highly appreciated.

The resolution passed by the association, in the backdrop of allegations against a serving Judicial officer, says that using derogatory language to condemn the official actions of a judicial officer is an attack on the institution of the judiciary and interferes with the administration of justice.

As a tolerant, free, and democratic society, every individual has the right to criticism and dissent. In numerous decisions, the Supreme Court of India has made it clear that, while judgements may be criticised, judges cannot be. With this in mind, the alleged procedural irregularity on the part of the Chief Judicial Magistrate may be criticised, but he cannot be bashed personally. Here, the media went to the extent of questioning his integrity and some sections of the media, accustomed to calling His Honour by his first name, went to the extent of alleging collusion with the chief of government.



The High Court of Kerala, as the protector and guardian of the Subordinate Courts, by powers conferred under Art. 235 of the Constitution of India, must monitor the situation and if the media continues to tarnish the image of the Subordinate Judiciary, contempt proceedings must be initiated.

Today, a multi-crore rupee scam involving the higher-ups in the political and permanent executive has been reduced by the media into a sex scandal alone. Truly, the media has lost its direction.

.

Tuesday 17 March 2015

Our People

Government Law College Thiruvananthapuram

By Nebil Nizar

The Government Law College Thiruvananthapuram, established in 1875, is one of the most prestigious and oldest institutions imparting legal education in India.The students of this alma mater have made her proud by imprinting their names in all fields of excellence. Notable alumnus include

Speaker of Kerala Legislative Assembly
Shakthan Nadar

Sitting Kerala High Court Judges
1- Justice. T.R. Ramachandran nair
2- Justice. Chidambaresh
3- Justice. Shafeeque
4- Justice. A.V. Ramakrishna Pillai
5- Justice. Kamal Pasha

Present Kerala State Ministers
1- Ramesh Chennithala (Home Minister, Kerala)
2- Thiruvanchoor Radhakrishnan (Sports Minister, Kerala)

Sitting Members of Parliament
1- Dr. A Sampath
2- N.K Premachandran
3- Jose K. Mani
4- M.I Shanavas
5- M.B. Rajesh

Sitting Member of Legislative Assembly
P.C. Vishnunath


Former Supreme Court Judges
1- Justice M. Fathima Beevi (First women SC Judge)
2- Justice K.K Mathew
3- Justice Cyriac Joseph

Former High Court Chief Justice
1- Justice K Sreedharan (Gujarat)

Former Kerala High Court Judges
1- Justice Siri Jagan
2- Justice. Harun Al Rashid
3- Justice. K.P Balachandran
4- Justice N Krishnan Nair
5- Justice. M.R Hariharan Nair
6- Justice A Laskhmi Kutty

Former Travancore High Court Judge (Princely state)
1- Justice. P Habeeb Mohammed

Former Governor
1- K Vishwanatham (Gujarat 1973-78)

Former Kerala Legislative Assembly Speakers
1- R Shankara Narayana Thampi (First Speaker of Kerala Legislative Assembly)
2- D. Damodharan Potti
3- K.M. Seethi Sahib

Former Kerala Chief Ministers
1- R. Shankar
2- C. Achutha Menon
3- P.K Vasudevan Nair

Former Prime Minister of Princely state
1- E. Ikkanda Warrier (State of Cochin, 1948)

Former Kerala Ministers
1- M.N Govindan Nair
2- T.M Jacob
3- Mathew T Thomas
4- G Sudhakaran

Former Central Ministers
1- E Ahmed (Former MoS, External Affairs)
2- Kodikunnel Suresh (Former MoS, Labour)
3- Mullapally Ramachandran (Former Mos, Home Affairs)

Former MLA
K.G.N Namboothiri (Changanassery)

Former Mayor
Sabitha Begum (Kollam)


Bureaucracy
1- M.K.K. Nair (Former IAS officer)
2- M. Abdul Sathar Kunju (Former IPS officer and Ex-Kerala Police Chief)
3- Malayatoor Ramakrishnan (Former IAS officer and award winning writer)
4- K.C. Sanal Kumar (Former IAS officer)
5- Ajith Joy (Former IPS officer)
6- Sayeed Rashid (Indian Postal Service)
7- Prasanth Nair (Indian Administrative Service)


Media
1- K.M. Mathew (Former Chief Editor, Malayala Manorama)
2- Cherian Philip ( Consultant, Kairali T.V; Former KSU State President and KTDC Chairman)

Cinema
1- Rasool Pookutty (Oscar award winner)
2- Anoop Menon (Actor/ Script writer)
3- Shankar Ramakrishnan (Actor/ Script writer)
4- Sudheep (Playback singer)

Academia
1- Dr. N.R. Madhava Menon (Founder of N.L.S.I.U, N.U.J.S. and N.J.A.)
2- Prof. P.S. Achuthan Pillai (Former Principal of Government Law College Thiruvananthapuram and noted legal author)
3- Dr. V.K. Unni (Associate Professor, I.I.M- Calcutta and holder of Max Plank India Fellowship)
4- Dr. Bismi Gopalakrishnan (Dr. B.R Ambedkar Chair, Center for Human Rights and Social Justice, University of Kerala)


Former faculty members again made GLC proud :-
1- K.R Udayabhanu (Later Judge, High Court of Kerala)
2- K.R Reghunathan (Principal, Government Law College, Kozhicode)
3- H Abdul Azeez (Director, Malappuram Center, Aligarh Muslim University)
4- S Usha (Principal, S.N. Law College, Kollam)
5- Dr. R Rajashekaran Nair (Principal, N.S.S. Law College, Kollam)
6- Dr. K.S Ajayakumar (Principal, Co-operative School of Law, Thodupuzha)



myidnebil@gmail.com

Sunday 22 February 2015

Alumnus named District Collector

Prasanth Nair


By Nebil Nizar


New Delhi: Distinguished alumnus and P.A. to Home Minister Shri. Prasanth Nair is posted as the new District Collector of Kozhikode in Kerala.

Prasanth Nair belongs to 2005 Batch at Government Law College Thiruvananthapuram where he studied for 5year B.A.L, LL.B Integrated Course after quitting his Bachelor of Dental Studies course at Government Dental College here, where also he got a merit seat. He had his schooling at the prestigious Loyola School, Thiruvananthapuram.

'He was an excellent student. Intelligent and as well as hardworking, he had a drive to crack the IAS during his days here' remembers Dr. P.C John, his Professor at Government Law College Thiruvananthapuram.

Prasanth Nair belongs to the Kerala Cadre of Indian Administrative Service of 2007 Batch. He is rated as a good team leader and an excellent administrator. He served as Assistant Collector at Kozhikode; Sub Collector and Sub-divisional Magistrate at Wayanad; Managing Director of Jalanidhi, World Bank funded Drinking water project. Chief of Kerala Tribal Resettlement and Development Mission, Project Director of World Bank aided Kerala State Transport Project, Managing Director of Aaralam Farming Corporation, and Managing Director of Priyadarshini Transports. He also held the charge of Additional Excise Commissioner in addition to the post of Managing Director of K.T.D.C. Hotels and Resorts. Prasanth while serving as Managing Director of state owned Priyadarshini Estates in Wayanad helped to attain huge profits.

Prasanth is married to Lakshmi Ambadi and has a daughter and a son.


myidnebil@gmail.com