Letter to Readers

Photo: www.theatlantic.com

Dear Readers,
I am writing this open letter to announce to our readers that my year long tenure has finally come to an end.
It has been a privilege to coordinate content for this blog until now. Our blog magazine today has readership, recognition and authenticity. Read by policy makers to Judicial minds, we are happy to retain this class magazine status.

The story of this blog starts with a question by former World Bank Chief Counsel and National Judicial Academy Director Dr. Mohan Gopal. After his class at our college, Dr. Gopal asked 'why don't you people start a blog?'. There begins the journey. Initially named as Indian Legal Watch, it was changed to 'Government Law College Thiruvananthapuram Students Blog on Kerala Legal Affairs' on the directions of Dr. Mohan Gopal himself.

On my resignation from the post after the end of one year, I remember the following persons whose help at different times make us stand as of today. Thanks on behalf of our team

To our Editorial Board Chairman Dr. P.G Balachandran Pillai. He is the one on whose supervision this was set up. I remember words- 'Nebil, if our intention is good, then god will definitely get things in favor of us'. He is the real example of how a Board Chairman should be. He never interfered in the Editorial freedom and we all love him because of that.

Special thanks to Adv. Nisa Fasil for motivating us and pushing us ahead. Thanks a lot for providing us with facilities including your laptop, internet connection and office for this blog.

This blog can never forget the contributions of Dr. Justice V.R Krishna Iyer. Our lead matter was an article by him. His Lordship provided us with dozens of articles, statements and interviews. We are indebted towards you. His Private Secretary Mr. Ramanathan took a lot of pain to dictate, take down notes and get it typed for us. We can never forget you also.

First interview was with former Director General of Police Shri. MGA Ramen. This great man gave us two slots for the interview. One time at Cochin and next at Thiruvananthapuram. I even today have his hand corrected copy of the draft of the interview. Great gentleman.

Prof. Manoj Krishna from our college wrote for us and also did what ever possible to promote this blog. He always helped in the time of crisis, gave us guidelines and asked other students to write for us. He gave us excellent contacts like Adv. Jayesh Pillai, who also helped us in many ways.

Our distinguished reader and the senior Journalist who broke the 2G scam, J Gopikrishnan offered to write a piece on Criminal Lawyers. We were on cloud 9 hearing that. We got a blog post which was most widely read and criticized.

Ashraf Padanna (Foreign Correspondent of Gulf Today and Oman Observer), the first media person to recognize our existence. His news stories in the backdrop of our interviews gave us recognition and appreciation from the readers and interviewees.

John Mary Joseph (Resident Editor of Deccan Chronicle) for recognizing that we exist in this world.

Syam Devaraj (Correspondent, Kairali TV), for scrolling the news that we published. His works gave us authenticity.

Vivina (Correspondent, PRD) for taking pain to verify news relating to the government. Thanks for helping us even at the peak of your work schedule.

VR Rajiven IPS, for his help at multiple times. His interview was a great encouragement to many civil service aspirants. Your support from the prior launch days is deeply remembered.

Jacob Punnoose IPS, for his help and support, not sure that he actually remembers us. His accommodating attitude always helped us to do stories.

Sudheer Mukkam, Journalist at Madhyamam for equipping us with an interview of former National Judicial Academy Chief Dr. G Mohan Gopal. His interview gave us hope during those difficult times before the launch.

Shasthamangalam S Ajith Kumar for that interview which was carried by Gulf Today, Oman Observer, Deccan Chronicle and Kairali TV. First interview in a court corridor.

Dr. Mathew Kuzhalnadan, National Secretary of Indian Youth Congress, for his encouragement and cooperation. I remember well about your query about the blog during your college visit and desire to see the team behind this initiative. His visit had a positive impact on us.

Adv. Kiran Lal, for coming down to meet us and encouraging us. One of the most positive person I have ever meet. A 'Dil Mange More' attitude. His article on SSB was also widely read.

Prasanth Nair IAS for his email interview. Encouraged students from law background and also outside. Promptness in giving the interview is appreciated.

Adv. Moharaj Gopalakrishnan. Spl Prosecutor in Enrica Lexi case, for granting us time for an interview even at night amidst busy schedule and thanks for giving us an opportunity to talk to the Investigation officer in Enrica Lexi case. Thanks a lot Reju Prasad for fixing that interview with Mohan Raj sir.

Garima Tiwari. One of our most respected readers and critique. We had the privilage to interview this young legal wizard. Her knowledge of International Criminal Law always amazed us.

Adv. Simla Prabhakaran for giving us your frank and independent opinion on various issues. Her knowledge of law at this young age always amazed us. Also thanks for taking part in our discussion.

Adv. Jayesh Pillai, Mumbai High Court, for always guiding and motivating us. His expertise in law was at our doorstep a couple of times. Thanks for writing for us and offer to do the new one.

Jino M Kurian, Student at NALSAR for his writings that is always different. He was dare enough to stand against the view propagated by the main stream media and support P.J Kurian. His other writing was also excellent. He gave all the power to the Editor to rewrite his article, of course without changing the basic structure. Luckily we never had to do anything of such a proportion. We love you a lot.

Abdullah Karuthedakam is a great friend and regular reader of our blog. The email lists provided by him was a great help. We were able to win over a large number of audience with your help.

Vimal Koshy is our Special Correspondent and Technical Expert. His Sony Voice Recorders was used in majority of the interviews done by us. His assistance in many interviews and stories was a real help. Happy to edit his independent stories also.

Special thanks to Viswajith Anand and Navaneeth Krishnan for sending questions for the interview even at very short notice.

Thanks to our Cochin Special Correspondent Joseph MD. His readiness to do a work at any time is note worthy. I never remember as heard a 'No' from him.

This blog would have been nothing without our Photo Editor Navya Frederick Pereira. She chose to stay with us in our good and bad days. This blog is what it is today because of your sincere efforts. From statistics reporting to news reporting to Photography, you spend a lot of time and effort.

Remember many who climbed on to this boat in the initial days, but left us alone at rough seas. Our works made us understand that if we are ready to work, then even a free blogging site can function like a law magazine.

Readers are our assets. Thanks for staying with us even when in this digital graphics age we still followed EPW model. Can never forget readers like Ramesh Rateria who criticizes citing para number, that really shows the attention with which he reads. Readers like Anisha Adithya, Adv. Rajesh Ramamoorthy, Adv. Boris Paul, Anil Puliyila, Sarah Georgey needs a special mention. Many other distinguished readers do not wish to be named owing to Professional and other reasons, so no naming individually. Bar, Bench and Academia supported us to the maximum. Thanks a lot. Readers, support and criticize to help us grow.

Best wishes to my dear friend and new Editor- Lesley Rajan. Keep going. Confident that you would convert this blog into a website in the future. One request- Don't put all rubbish posts and claim public interest. One advice- Do not go behind the volume of Audience traffic and ratings.


Enjoy your read.


Warm regards,
Nebil Nizar,
Content Coordinator (2012-13)

'Government has already provided a lot of subsidies and health packages for them. But due to the lack of responsibility and commitment, these plans are not implemented properly in Attapaddy'

Justice J.B Koshy
Photo: Navya Frederik Pereira

Justice Jacob Benjamin Koshy is the Chairman of Kerala Human Rights Commission. He is a former Chief Justice of Patna High Court and former Acting Chief Justice of Kerala High Court.

He obtained his undergraduate and post graduate degrees in Law from Government Law College, Ernakulam. 

Given below is the transcript of his interview with Lesley Rajan.

Qn: Sir, the number of harthals are increasing tremendously. Does it affect the whole people? According to the chief minister of Kerala, protest against a scam of 10 crore itself made a loss of more than 100 crores. How does human rights commission react to this problem, which affects a large population?

Ans : Human Rights Commission has passed an order against the  harthals as High court and Supreme Court  said that forced harthal is equivalent to  bandh . Government should compensate for the destruction for public and private property and should claim the money from those who has announced for the harthal ; the commission  has ordered . Harthals is mainly utilized by thugs and in spite prevailing public will.

Qn: Atrocities against children are increasing very widely. Sir, what all steps you have taken?

Ans: Certainly there are many laws against the atrocities towards children. In the case of Shafik from Kumily, the chief minister had directly taken action, when there is no action took from the part of government commission will interfere in that case. Main reason behind these child assaults are illicit liquor and alcohol. This will urge them to do these acts. Despite, we conduct many effective seminars and rehabilitation classes for the people against child abuses.   These rehabilitation programs and classes can decrease crime to an extent only, so the government officials should take action against these criminal acts. Laws only can’t control the crime rate, for example rape has been given even capital punishment, and also there are many laws but still yet rape occurs in many parts of the country in a high rate. Same in the case of murder, yet these crimes happens, a sad fact.

Qn: Recently we have seen many photos and videos are published in Medias against the accused persons. Here, are these publications amongst to defamation, since they are not convicted and if the court acquits them they lose the dignity in the society. This is a human rights violation, what you say about this?

Ans: Honourable Supreme Court and High Court ordered that Media Trials are unlawful. In this case Court has to decide, so I don’t want to comment.

Qn: Sir, you had said that, “Mullaperiyar issue is not a societal issue’’ Sir, Can you explain it?

Ans: Actually, it’s not what I said. For studying Mullaperiyar issue Supreme Court appointed an expert committee. I said people have to express their opinion about Mullaperyar issue was neither by picketing and hartals nor abusing Tamilians. It’s not the right way of doing. They should have given the evidence to the expert committee later, when the Supreme Court asks evidence they requested for time and Supreme Court did not allowed it, because the time has been over. Things should be done in the way they are meant to do.

QN: Recently P. K Jayalakshmi, minister of scheduled tribes, has recently said that alcoholism among the mothers was reason for new-born death in Attapaddy. As human rights chairman what’s your opinion?

Ans: Alcohol is one of the many reasons for such situation. I had visited Attapaddy and studied the conditions prevailing there. Government has already provided a lot of subsidies and health packages for them. But due to the lack of responsibility and commitment, these plans are not implemented properly in Attapaddy. The second reason is that the money among the women in Attapaddy. These women work very hard and earn money and it’s taken away by the men and given in Toddy shops. Illicit liquor is very common in Attapaddy. Married women are very affected by malnutrition. The rice available for subsidies to BPL families is resold in double price for buying Alcohol. These subsidies do not reach the family. According to the government scheme, the tribal people in Attapaddy have the right to get Medicines, Ambulance and other services. But the officers are irresponsible in providing these schemes. The main reason is the apartheid from the part of civil servants. Government has been spending more that Rs 10,000 per family in Attapaddy in every month. Alcoholism is worst habit and it destroys everything. There are woman who use Alcohol in Attapaddy. Another problem in Attapaddy is the child marriage. A woman of 16year old became pregnant 4 times. Child marriage is the foremost reason, why these minor mothers can’t bring up their children, and infant death increases. In these days sickle cell anaemia is very common there and National human rights commission has already taken case of this and we are not interfering in this.

QN: We heard “Retired Judges are always appointed as the head of the commission”. Sir what’s the truth about that?

Ans: Everyone has there own reasons. I have 27 years of experience as an advocate. After that I had been judge for a term of 13 years. I got training in this way that, when ruling party was Congress and when I wrote some judgments people said I am communist and when the left party ruled they said I am congress party supporter. So I don’t ear what people say and got trained to write a judgments impartially and unaffected by external forces. I have these skills and if I didn’t help government, and if I didn’t work as a judge it’s a huge loss to the government and the people. After I got retired I got pension 50% of the salary. I did not do anything for a term 6 months. In that time I got more income due to many people came for legal advice and arbitration. So I paid more income tax return. According to the protection of human right Act, 1993 the head of the human rights commission must be a retired chief justice. And in Kerala  he/she must be below 70 years of age. So then I was the only retired chief justice who knows Malayalam. There was no other option. Before the appointment I was working as the Appellate Tribunal of Money Laundering Act in Delhi. Then I got a request from Kerala, appointed as the Human Rights Commission Chairman. 90% of the orders are giving in Malayalam. The order must understand and convinced by the people. So, other state Judge cannot give judgment in Malayalam and there was no other option. So I accepted that request. If I did not accept it I would not get this much criticism from the Medias. If I worked as a legal adviser I would get more money still, I am doing this as a service.

QN:  As a retired Chief Justice, what do the reason behind the verdict of the Honorable Supreme Court about the disqualification of MP or MLA if they are convicted?

Ans: If a person is charged in a case they can also contest in election. The verdict says that the convicted people cannot contest in election. If a person is acquitted, he can contest in election. The prisoner who has been in prison more than 2 years, if that person filed an appeal, he/she can contest in election before the validity of the appeal expires. But the Supreme Court disagreed with that because when a prisoner files an appeal, the punishment is only stayed but conviction is there. The reason is that if a person has a criminal mentality and elected, when he rule he cannot control the crime, he also engages. In a country the security of people is the 1^st priority. So there would not be any problem with regarding the security concern of the people. For example if a person convicted for corruption, he is more likely to do that again. So if a corrupt person becomes a minister there is more probability for a corrupt ruling. I am not criticizing the verdict of the Supreme Court. What Supreme Court said is the law.

QN: What are the strategies of Human Rights Commission towards the society?

Ans: We must prevail Indian law when implementing that laws we will check whether there is human rights violation. If there is violation we will charge against them.

QN: Is there any compensation for the cases of human rights violation? Does the commission assure that parties get the compensation?

Ans: Government gives compensation. After I took the charge, most of the cases have been settled and had given compensation to the parties. Even in some cases we gave compensation directly to the parties. Others were given to the District Collector and ask the parties to collect compensation from the Collector. The complete compensation was given by the government. The government will take this money from the parties who violated the human rights.

QN:  Education bandhs are getting so common; here Right to Educate is getting violated by some student organization. As Human Rights Commission, what’s your opinion?

Ans: As I have already said that bandh and hartal violates the Fundamental Rights. Education bandh also a bandh. No one has the right to restrain others. I have the right not to go for classes, but nobody have the right to restrain me from education.

QN: Sir, what all changes you have made, when you took the charge of the commission?

Ans:. We conduct a lot of seminars with regard of human rights violation. We launch bulletin in every two months Before I took the charge, nobody didn’t know about Human Rights Commission. When I had taken the charge, the news regarding with human right commission is increased. So that our criticism also increased. When took the charge, there were almost 2002 uncleared files are there. Soon I finished that files. Nowadays almost 30 cases are charged daily. Some cases will not come in our jurisdiction, so we close that, others we will report and take action