Friday, 23 November 2012

LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played.


Shri. Prasanth Nair, is a 2007 batch Kerala Cadre Indian Administrative Service officer, who is presently serving as Managing Director of Government owned K.T.D.C. Hotels and Resorts. He is an alumnus of Government Law College Thiruvananthapuram (2000-2005).
Given below is the transcript of his interview with Nebil Nizar.

1.  How law students can positively engage in nation building and make a difference?
Prasanth Nair: In a single sentence, get educated and stop wasting time on frivolous things! Unless you value your time and value yourselves, leave nation building, even body building is a difficult task. What is lacking in most law students is primarily, humility and the ability to acknowledge others' knowledge. Arrogance and a closed mind cripples even the best minds. A modern India requires legal experts and practitioners who are open to ideas and changes, not those who are fossilized in time.


2. When did you start your preparations for Civil Services?
Prasanth Nair: I wanted to join the IAS when I was probably in the 10th or so. I must have started mentally preparing for it.  Conscious syllabus based preparations were made after I joined GLC as 1st year student in the 5yr course. 
       

3. How should a student of Law study if he is aiming for Civil Service Exam?
Prasanth Nair: Study the syllabus and the exam first. After he studies the exam, he can easily study for the exam. Take part in Moot Court competitions as that will help you sharpen your presentation skills, besides getting you attendance! In Government Law College Thiruvananthapuram, there are lots of things that are in your advantage while preparing for such an exam. Make most of it.


4. It is frequently asked question by law students whether LL.M or civil service preparation must be undertaken first. What do you think?
Prasanth Nair:I wonder why law students have such questions! 
I prepared for Civil Service when I was doing my 4th year B.A.L, LL.B and I appeared for the IAS interview based on my B.A.L degree, an year before I completed my course. Let us not complicate things by thinking too much on what to do first. It is all about priority. If you want to prepare you can do it even while doing your graduation. If you are a doubting Thomas, even after your PhD, you'll think what next.


5. Do you think that serving the corporate sector would instill professionalism in a young man?
 Prasanth Nair:Not necessarily. Many people without exposure to both government and private sector fall for this fad. Professionalism is a function of your mind and attitude, apart from sound training. The numerous reported instances of corporate corruption, mis-governance, insider trading, lobbying and even high profile cases of corruption related to  purposeful skewing of Government policies show the dark side of corporate administration.


6. It is seen that persons learned in law engage in many jobs without any other professional training and succeeds in that, be it Business, Journalism, Politics etc. Do you think that a law degree moulds a teen into a man?
Prasanth Nair: LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played. The years spent in the Law College indeed gives a man or a woman the exposure of a life time to a wide cross section of the society.


7. Did your study of law helped you in any ways when you successfully discharged your duties as an officer of IAS?
Prasanth Nair: Of course. Administration is implementation of law and clear knowledge of law and the procedures is a great help. The initial appointment as Sub Divisional Magistrate was a chance for direct application of law and the legal process which I thoroughly enjoyed. Knowledge of law also empowers you. I honestly felt that it made me the most powerful SDM in Kerala at that time! Knowing law also helps one manouvre through the complex labyrinth of administration.


8. Do you think that legal education needs a change in India?
Prasanth Nair: Legal education and the profession needs to get a thorough shakeup in India. Coteries and families alone cannot dictate the terms of the profession any longer. Genuine talent and hard work should be rewarded promptly as is the case in western countries. Efficiency and delivery of results should become the goal of the justice machinery and education should also be attuned to that effect, instead of teaching tactics to delay cases. Often it is said that what is taught in the college has hardly any relevance in the Court of practice. More avenues for corporate lawyers is slowly weaning away the brighter elements amongst the law students from court practice. This is more so because the initial years are difficult. Probably ensuing competition from opening up of legal services under international obligations would bring justice to ordinary but talented legal practitioners. Both corporate as well as court practitioners. It could gradually change the focus of legal education to a more utilitarian and practical method.

9. What is your advice to law students?
Prasanth Nair: Though we study a lot on justice and fairness, nothing is more unfair as is the life of a law student after graduation- that is unless we make a definitive move. If one chooses to flow with the tide, you are not going to be taken anywhere in this profession. There are a whole lot of avenues waiting just for a capable law graduate. Whether one ends up as a Supreme Court Judge or as a small time practitioner in a lower Court or a clerical staff or a file pushing bureaucrat, let us remember that we take pride in saying that 'I studied law', as if we know all the law in this world. Not as an advice, but as a suggestion to my brethren in this field, may I reiterate the need for humility and inquisitiveness which alone can make one successful. For we always remain students of law and we can never rightfully claim that we studied law!


(Shri. Prasanth Nair may be contacted at 
prasanthnair.ias@gmail.com. His articles can be read at http://prasanthias.wordpress.com)

Monday, 12 November 2012

N Natarajan suspended

N Natarajan
Photo: Mathrubhumi

By Nebil Nizar/myidnebil@gmail.com

Thiruvananthapuram: State Information Commissioner Shri. N Natarajan is suspended by Governor H.R Bharadwaj on the advice of the State Cabinet.

The Government of Kerala recommended suspension against N Natarajan on the basis of an enquiry conducted by Additional Director General of Police R Sreelekha and subsequent advice by Home and Law Departments.

Vigilance DySP V.G Kunhan complained to his seniors in black and white along with a audio recording that Deputy Inspector General N Natarajan (as he then was) was pressurizing him to spare VS Achuthanandan, the then Chief Minister, against whom a case was then investigated by him. V.S Achuthanandan, 
 former Revenue Minister K. P. Rajendran, the then Principal Secretary to Chief Minister Sheela Thomas and Personal Assistant Suresh were named as accused in the case.
Natarajan was appointed as the Information Commissioner during the tenure of V S Achuthanandan as the Chief Minister of Kerala. Now when the controversy raked up, VS Achuthanandan expectedly disowned Natarajan.

‘If Vigilance Report is against Natarajan, then he must move out’, said former Director General of Police M.G.A Ramen in a telephone interview. The Kerala RTI Federation has also requested the Governor to initiate proceedings against Natarajan.

Legal position of this issue is like this. Section 17(2) of RTI Act, authorizes Governor of a state to suspend Information Commissioners in case of malpractices. Section 17(1) of RTI Act says that Information Commissioner can be removed from service only after an inquiry by the Supreme Court.


Friday, 2 November 2012

The CRIMINAL Advocates

Shri. J Gopikrishnan
Photo: indologygoa.wordpress.com

By J Gopikrishnan

Mahatma Gandhi once compared Lawyers’ profession is like liar’s. I never took Gandhiji’s this particular observation seriously and even thought somebody must have misquoted him. But after my four year long 2G spectrum saga I am convinced Mahatma was very right here also.

Take this example. We all heard Ram Jethmalani talking blabbering on black money and even once he offered himself to become the Special Public Prosecutor of Supreme Court monitored 2G investigation and trial. Those days the Centre was trying to collapse Supreme Court’s move to appoint UU Lallit as Special Public Prosecutor. It was because he was not a pliable character. The Ministers who were advocates in the UPA government don’t want Lalit as Special Public Prosecutor as all aware 2G probe may go to unseen angles.

Within minutes of Jethmalani’s declaration, Subramanian Swamy objected and at last Lalit became the Special Prosecutor.  We have seen, Jethmalani within days landed 2G special court as accused Kanmozhi’s advocate. Jethmalani who fought case in Supreme Court on black money (Really I don’t know how this so called Bring Back Blackmoney campaign aims to achieve the goal) was the lone BJP MP, who never declared that he don’t have foreign bank accounts. When BJP MPs rallied to file – no foreign back account – affidavit, Jehtmalani was absent. He excused on his daughter’s illness and she died after few weeks. Within days after the death, he landed in Delhi’s shivering winter to argue for Kanimozhi in small trial court.

Vineet Narayan of Hawala case told me in detail, how Jethmalani, who represented him collapsed the case. Vineet publicly said, Jethmalani offered him one million dollars for compromise. Though Jethmalani threatened him of filing defamation case, he never did it.  

I brought out this example as classic case of how the profession of advocates have degraded. I have seen so many advocates in the Patiala House Court (Local court complex in Central Delhi) coming in old scooters and small cars. After 2G special court was established and so many corproates landed as accused, within days these advocates were seen dashing in Mercedes Benz and BMW kind of vehicles with iPads in hands. Small time lawyers started landing courts with so many juniors like a fashion parade. I have seen one accused shouting and almost hitting such an advocate, when his bail application was cancelled. The reason was, the fraud advocate claimed that he had manipulated the judge and this time bail was a sure. Fearing life, advocate complained to police. As an advocate, he well knew that his client has patronage of underworld- terorist Dawood Ibrahim. Police asked him to file written complaint, which he never did and the issue was settled after he gave back around Rs. Five crore to accused's father.

I wish to write a book soon on the 2G spectrum scam saga, where advocates become the ultimate beneficiaries. As the case is in the trial stage, let me put a pause on this regard.

Veteran journalist Arun Shourie has written on several occasions, that major political parties are now under the control of advocate turned politicians. These advocates are all belong to corporate companies’ racket and now stopped representing any Public Interest Litigations (PIL). Some never in their career appeared for PILs. Majority of the spokespersons are corporate advocates, barring some few. Everybody is a “retainer” of most of the companies, who owe billions or looted billions of public exchequer.  Most of the politicians cum advocates are representing the case of tax evaders. They abuse their position in politics to flourish their business of advocacy or lobbying and becoming the part of looters of the country.

Earlier so many advocates entered politics to serve community. Many leaders wore black gowns during independence struggle to save the young men from gallows. But now that breed had gone and money mongering corporate lawyers infiltrated into India’s polity. How many so called legal luminaries are entertaining PILs. Everybody started charging lakhs on hourly basis and some started crores on daily basis. Very few people like Prashant Bhushan entertaining PILs and representing cases literally free for common cause.

The generation that fought on PILs have gone. The saddest point is, when you ask young advocates, all wanted to become or dreaming to become corporate advocates, aiming to spend court vacations worldwide. Very, very few are working on petitions on social cause and agonies of common man.

This is long debatable topic on how clean this noble profession. There need a tough Regulator for this profession.  We have to strengthen the Bar Council for acting against these elements which spoil the spirit of the profession, which once guided the world. The first thing to rectify the system is the thorough redrafting of India’s redundant Advocates  Act to clean this noble profession, now infiltrated by money mongers and manipulators.


(J Gopikrishnan is a journalist working with “The Pioneer” newspaper. His articles can be read at his blog :http://jgopikrishnan.blogspot.in/ )

Wednesday, 31 October 2012

Subject Committees is an important contribution of Kerala




Shri. Pranab Mukherjee at KLA
Photo: The Hindu


By Navya Frederick Pereira


Thiruvananthapuram: With heightened complexity of administration and legislation, Legislators must ensure adequate discussion and scrutiny before passing of legislation, said President Pranab Mukherjee addressing a special session of Kerala Legislative Assembly  convened to celebrate 125th year of Legislative Bodies in the state.

The Hon’ble President praised the working of state legislature by saying that Legislation in the fields of Land Reforms, Education, Social welfare, Democratic decentralization etc are amongst the best examples of use of democratic institutions in bringing socio-economic and political transformation. He  further praised by saying that decentralization of power is the sine quo non of true democracy and Kerala Legislative Assembly has pioneered efforts in this field as proved by the numerous legislation relating to the constitution and developments of local bodies.

Hon’ble President congratulated Kerala on having ensured 50% reservations for women in Local Bodies. Shri. Mukherjee also complimented Kerala in ensuring accountability and transparency in administration by passing Right to Service Act.

President also said that system of Subject Committees is an important contribution of Kerala and the same is adapted into the Parliamentary standing Committees at the central level. 

Elected representatives have many roles to play and there are competing demands from ones own party, from the Assembly and from the constituency. The job of a legislator is a 24/7 responsibility. They have to be sensitive and responsive to the problems and concerns of the people, give voice to their grievances, hardships and problems by raising them on the floor of the Legislature and act as a link between the people and the Government.

Hon’ble President reminded the Legislators that dissent is a recognized democratic expression, but it should be expressed with decency and within the contours and parameters of parliamentary devices. He added ‘the cardinal principle of effective functioning of parliamentary system is that the majority will rule and the minority will oppose, expose, and, if possible, depose. But this should be done within the framework of rules formed b the legislatures themselves.

The Hon’ble President expressed hope that Kerala Legislative Assembly, which had a record of having met for more number of days than other Assemblies, would take up 100 days of sitting as a challenge and strive to achieve that goal.


***

Saturday, 27 October 2012

Corporate Social Responsibility- Its future

Dr. Justice. V.R Krishna Iyer
Photo: www.topnews.in

By V.R Krishna Iyer

C
orporate Social Responsibility is a modern idea which has become very familiar in the world of today.  The primitive economy of previous times dependent largely on private ownership by individuals and families and rarely by royalties, dynasties, castes, classes and minorities.  When a group of persons own the resources of a community it takes the shape of a company.  A number of specified persons have exclusive ownership of the resources of a community.  There is a tendency to exploit and make a profit which is shared only by limited number.  This limited number of group shares the profit so made and their privileges belonged to the shareholders only.  These shareholders form a company who became a class of haves.  The majority for the masses excluded from the profit-making club become the have-nots.  This society divided into haves and have-nots.  Sometimes the haves become two large a number and regulations are no certainty to organize the rules that govern the owning classes.  A corporation is formed when the number is large.  The modern world which owns the reservoirs of the community consists of corporations.  Indeed, when the wealth of a nation is owned and controlled by a number or class becomes the pattern of proprietorship.  The developing world ownership takes the shape of the proletariat and the have-nots who are the masses and have no share in the ownership of the nation’s resources they became the preliterate.  In short, takes the shape of private economics called capitalism.  The world we live in is largely capitalist and democratic in a competitive world where nation’s fight for control or resources war becomes a means of securing power.  Wars result in imperialism.  Britain became an imperialist power and occupy Asian nations which were weaker and suffered in the lose of the independence and the resources to be reduced to the status of colonies.  These colonies resisted their humiliation and battled for independence.  World War-I and World War-II were the product of competitive wars when frustrated nations with dissolution people rose in revolt to cease State power.  They established a new equality abolishing class ownership and establishing socialist proprietorship whereby the producing classes accepted their accountability to society as a whole.  This is socialism as a broad sense.  This socialist State has a responsibility for the wealth of the State to be made available for the welfare of the people as a whole.  Even in Capitalist State a demand for accountability of the producing corporations to the general public as a welfare obligation became a democratic dimension of governance.  Thus, we have in many parts of the world corporate ownership with marginal accountability for the welfare of the people.  This mixed economy is what we find becoming more popular as Corporate Social Responsibility which is a via media between a raw capitalist State and a Socialist Republic.  The examples are like the United Kingdom and the UK and the USSR.  India constitutionally is a socialist Republic but essentially it is feudal and capitalist with socialist and capitalist forces struggling for a Leftist change.  Taking a broad vision of the politics and geography of the Earth we are still globally capitalist as the rule of life and in a lesser sense there is a Socialist sixth of the world which is the Soviet Union.  In China and other Leftist countries turn crimson.  More acceptability for a Leftist accountability becomes rule of life.  Thus corporate ownership dwindles by degrees and the tendency towards a socialist economy is gaining strength at least on paper.  Even the third world tomorrow looks scarlet.  Human right which in its essence concedes every person entitled to a share of the fundamental rights has a reddish base.  Today human right is gaining, strength and in this sense the world is accepting the rights of the masses in a faction of the wealth of the world.  The United Nations is a world body whose basic structure is socialist at root.  In short, corporate capitalism is slowly surrendering, very slowly though towards social responsibility.  To be optimistic one may say that tomorrow makes crimson the shape of the State economy.  Read Russia and yellow China may one day make the White West change its hue.


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

Monday, 22 October 2012

Right to Service from November 1

Kerala Legislative Assembly Central Hall
Photo: www.skyscrapercity.com

By Nebil Nizar/myidnebil@gmail.com


Thiruvananthapuram: For Further expanding transparency and accountability, and putting an end to nepotism, favoritism, red tapism and corruption, much hyped The Kerala Right to Service Act shall come into force from the first day of November 2012.

Hon’ble Chief Minister Shri. Oomen Chandy earlier described this landmark piece of Legislation as People’s Magna Carta. He further added that this legislation would ensure that service from Government is no longer a charity but right of every citizen in the state.

The Enactment would empower every eligible person the right to obtain government services in a time bound manner. Departments of the Government, Head of Departments, Local Self Government and every statutory authority come under the purview of this enactment. 

Issuance of death and birth certificate, denomination of caste, income and domicile, electricity and water connections, issuance of ration cards, time bound passport verification, receipts for police complaints, FIR copy, police intervention in grievous crimes, issuance of post mortem report, releasing of vehicles under custody are some of the services included in this new Act.

A citizen has to file an application for getting a service. If the authority fails to perform its  duty within the stipulated time, then the applicant may prefer an appeal to First Appellate authority within a span of 30 days. The decision of the first appellate authority may be challenged before the Second Appellate Authority within 60days from the date of decision of First Appellate Authority . If the authority find latches on the part of Government servant in providing time bound service, may direct the designated officer to provide service, and impose a fine not less than five hundred rupees and not more than five thousand rupees.

The First and Second appellate authority shall have the same powers as vested in a civil court while trying a suit under Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of matters requiring the production and inspection of documents, issuing summons for hearing the designated officer and the appellant, and any other matter which that may be prescribed.

Act also bars the jurisdiction of Civil Court to entertain any suit, application or other proceeding in respect of any order issued under this Act.

This pioneer enactment based on UK Citizen’s Charter, 1991, is expected to make a qualitative change in the functioning of government offices.


Given below is the text of Bill as passed by the Kerala Legislative Assembly on July 12 2012.



THE KERALA STATE RIGHT TO SERVICE BILL, 2012
A
BILL

to provide for the delivery of services to the general public within the stipulated time limit and for matters connected therewith and incidental thereto.

Preamble.—WHEREAS, it is expedient to provide for the delivery of services to the general public within the stipulated time limit ;

BE it enacted in the Sixty-third Year of the Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the Kerala State Right to Service Act, 2012.
(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.


2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “designated officer” means an officer designated as such under section 3 for providing the services as per the provisions of this Act;
(b) “eligible person” means a person who is eligible for the services notified under section 3;
(c) “first appellate authority” means an officer notified as such under section 3 ;
(d) “Government” means the Government of Kerala ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “right to service” means the right of an eligible person to obtain a service within the stipulated time limit ;
(g) “service” means any service to be provided under the provisions of any law for the time being in force or as per Government orders issued from time to time, to the general public by or under any Department of the
Government or by a Local Self Government Institution or by a State Public Sector Undertaking or by a Statutory Body, as may be notified under section 3;
(h) “second appellate authority” means an officer notified as such under section 3 ;
(i) “stipulated time limit” means the maximum time limit notified under section 3 to provide the service by the designated officer or to dispose of an application for such service.


3. Power to notify services, stipulated time limit, designated officer etc.—
Save as otherwise provided in any other law for the time being in force, every Department of the Government, every head of Department, every Local Self Government Institution and every statutory body shall within six months of the commencement of this Act, notify in the Gazette the services that will be rendered by each of them, the designated officers, the first appellate authority, the second appellate authority and the stipulated time limit for the purposes of this Act.


4. Right to obtain services.—Every eligible person shall have the right to obtain the services notified under section 3 within the stipulated time limit.


5. Duty of the designated officer.—(1) The designated officer shall on receipt of an application for service by an eligible person, without prejudice to the provisions of any law for the time being in force, provide the service or
reject the application within the stipulated time limit. In case of rejection, he shall state the reasons for the same in writing and shall intimate it to the applicant forthwith.
(2) An application received under sub-section (1) shall be duly acknowledged by the designated officer or by the officer authorised by him to receive such application.
(3) The stipulated time limit shall start from the date on which the application is received.

6. Appeal.—(l) Any person, who does not receive the required service within the stipulated time or whose application is rejected under sub-section (1) of section 5, may file an appeal to the first appellate authority, within thirty days from the date of rejection of the application or on the expiry of the stipulated time limit, in such manner and on payment of such fee, as may be prescribed:
Provided that the first appellate authority may admit the appeal after the expiry of the period of thirty days if the authority is satisfied that the appellant had sufficient cause for not filing the appeal in time.
(2) The first appellate authority may direct the designated officer to provide the service within a specified period or may reject the appeal.
(3) An appeal under sub-section (1) shall be disposed of within a period equivalent to that of the stipulated time limit.
(4) Any person aggrieved by a decision of the first appellate authority may prefer an appeal to the second appellate authority within sixty days from the date of decision of the first appellate authority, in such manner and on
payment of such fee, as may be prescribed :
Provided that the second appellate authority may admit the appeal after the expiry of the period of sixty days if that authority is satisfied that the appellant had sufficient cause for not filing the appeal in time.
(5) The second appellate authority may direct the designated officer to provide the service within a specified period or he may reject the appeal.
(6) Where the second appellate authority finds that there is no sufficient reason for not giving the service within the stipulated time limit he may, along with the direction to provide the service, impose penalty as provided in section 8 (7) An appeal under sub-section (4) shall be disposed of within a period equivalent to that of the stipulated time limit.
(8) Where the designated officer does not comply with the direction given by the first appellate authority under sub-section (2) of this section, the person aggrieved by such non-compliance may file an application directly to
the second appellate authority and such an application shall be disposed of in the same manner in which a second appeal is to be disposed of under this Act.
(9) Where the designated officer does not comply with the direction for providing the service under sub-section (5) of this section, then the person aggrieved by such non-compliance may file an application directly to the second
appellate authority and such an application shall be disposed of in the same manner in which a second appeal is to be disposed of under this Act.


7. Procedure to be followed in appeal.—The first appellate authority and the second appellate authority, while deciding an appeal under this Act, shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following
matters, namely :—
(a) requiring the production and inspection of documents ;
(b) issuing summons for hearing the designated officer and the
appellant; and
(c) any other matter which may be prescribed.


8. Penalty.—(1) Where the second appellate authority finds that,—
(a) the designated officer has failed to provide the service without sufficient and reasonable cause, the second appellate authority may by an order in writing, stating the reasons, impose a fine on the designated officer which
shall not be less than five hundred rupees and not more than five thousand rupees ;
(b) the designated officer has caused delay in providing the service, the second appellate authority may, by an order in writing, stating the reasons,impose a fine on the designated officer, at the rate of two hundred and fifty
rupees per day for each day’s delay the sum of which shall not exceed five thousand rupees :Provided that the designated officer shall be given a reasonable opportunity of being heard before imposing such penalty.

(2) Where the second appellate authority finds that the first appellate authority has failed to decide the appeal within the time limit specified in sub-section (3) of section 6 without sufficient and reasonable cause, he may by
an order in writing, stating the reasons, impose a fine on the first appellate authority which shall not be less than five hundred rupees and not more than five thousand rupees : Provided that the first appellate authority shall be given a reasonable opportunity of being heard before imposing such penalty.

(3) The second appellate authority may, if he is satisfied that the designated officer or the first appellate authority has without sufficient cause, failed to discharge the duties assigned to him under this Act recommend disciplinary action against him under the service rules applicable to him.


9. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against any person or officer for anything which is in good faith done or intended to be done under this Act or any rule made
thereunder.


10. Bar of jurisdiction of Civil Courts.—No civil court shall entertain any suit, application or other proceeding in respect of any order issued under this Act and no such order shall be called in question otherwise than by way of an
appeal under this Act.


11. Power to make rules.—(l) The Government may, by notification in the Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


12. Power to remove difficulties.—(1) Where any difficulty arises giving effect to the provisions of this Act, the Government may, by order published in the Gazette, as occasion may require, do anything, which are considered
necessary for them and not inconsistent with the provisions of this Act or the rules made thereunder, for the purpose of removing such difficulty: Provided that no such order shall be issued under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order issued under sub-section (1) shall be laid before the Legislative Assembly as soon as may be after it is issued.

Wednesday, 17 October 2012

14 Districts, 415 Judicial Officers and 29 Deputations

High Court of Kerala
Photo: www.wikipedia.org

By Nebil Nizar/myidnebil@gmail.com

Thiruvananthapuram: The High Court of Kerala answering a query under Right to Information Act informed this blogger that, out of 415 Judicial Officers in the State of Kerala, 23 District Judges, 5 Sub Judges and 1 Munsiff Magistrate, are on Deputation.

The total number of District Judges (including Additional District Judges, Fast Track DJs, Wakf Tribunals, Motor Accident Claim Tribunals and Special Judges) is 134, Sub Judge/ Chief Judicial Magistrate is 71 and Munsiff/ Magistrate are 210.

Out of the 23 District Judges on Deputation, four amongst them are serving in New Delhi, one at Bhopal and one at Chennai. Out of 5 Sub Judges/Chief Judicial Magistrate on Deputation, one is serving at Jabalpur.

Given below is the list of officers belonging to Kerala Subordinate Judiciary on deputation


District Judges on Deputation

1.       Sri. B Kemal Pasha- Registrar General, High Court of Kerala.

2.       Sri. S Jagadees- Registrar (Subordinate Judiciary), High Court of Kerala.

3.       Sri. Venu Karunakaran- Registrar (Recruitment and Computerization), High Court of Kerala.

4.       Sri. K Abraham Mathew- Registrar (Vigilance), High Court of Kerala.

5.       Sri. A.M Babu- Director, Kerala Judicial Academy.

6.       Sri. B.G Hareendranath- Additional Director, Kerala Judicial Academy.

7.       Sri. C.P Ramaraja Prema Prasad- Law Secretary, Government of Kerala.

8.       Sri. N Anilkumar- Legal Advisor and Disciplinary Enquiry Officer, Kerala State Electricity Board (KSEB), Thiruvananthapuram.

9.       Sri. George Oomen- Chairman, Agricultural Income Tax and Sales Tax Appellate Tribunal, Ernakulam.

10.   Sri. M K Kuttikrishnan- Judicial Member, Agricultural Income Tax and Sales Tax Appellate Tribunal, Palakad

11.   Sri. K.M Balachandran- Tribunal for Local Self Government Institutions, Thiruvananthapuram.

12.   Sri. George Mathews (Sr.)- Kerala Co-operative Tribunal, Thiruvananthapuram.

13.   Sri. K Balasubramaniyan- Chairman, Munnar Special Tribunal, Munnar.

14.   Sri. S S Vassan- Registrar, Kerala Lok Ayukta.

15.   Sri. K Sathyan- Director, ADR Center, High Court of Kerala.

16.   Sri. P Mohandas- Member Secretary, Kerala Legal Service Authority (KELSA), Ernakulam.

17.   Sri. T.V Anil Kumar- Registrar, Kerala Administrative Tribunal, Thiruvananthapuram.

18.   Sri. K Raveendra Babu- Presiding Officer, Debt Recovery Tribunal, Chennai.

19.   Sri. K Ashokan- Presiding Officer, Debt Recovery Tribunal, New Delhi.

20.   Sri. U Sarathchandran- Member Secretary, National Legal Service Authority (NALSA), New Delhi.

21.   Sri. K Sasidharan- Registrar (Academic Programmes), National Judicial Academy, Bhopal.

22.   Sri. Ashok Menon- Registrar, Competition Appellate Tribunal, New Delhi.

23.   Sri. Sunil Thomas- Registrar, Supreme Court of India, New Delhi.



Sub Judge/ Chief Judicial Magistrate (CJM) on Deputation

1.       Sri. S.V Unnikrishnan Nair- Joint Secretary (Suits), Law Department, Government of Kerala.

2.       Sri. K Ananthakrishna Navada-Deputy Director, Kerala Judicial Academy.

3.       Smt. M.G Padmini- Presiding Officer, Debt Recovery Tribunal, Jabalpur

4.       Sri. K.S Sarathchandran- Deputy Registrar, Kerala Administrative Tribunal, Principal Bench, Thiruvananthapuram.

5.       Sri. K.J Arby- Deputy Registrar, Kerala Administrative Tribunal, Ernakulam Bench.



Munsiff/ Magistrate on Deputation

1.       Sri. P.K Mohandas- Assistant Director, Kerala Judicial Academy.