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)

There is widespread political influence in the investigations carried out by Police: M.G.A Ramen

Shri. M.G.A Ramen
Photo:  www.shareandcarefoundation.net 

Shri. M.G.A Ramen is a 1972 Batch Kerala Cadre Indian Police Service officer who retired in 2009 as Director General of Police. As an I.P.S officer, he worked in various capacities throughout the state, awarded the President’s medal twice for his meritorious and distinguished service to the country. Prior to his law enforcement career, he was a Lawyer based at High Court of Delhi with Senior Advocate G.C Sharma.
Given below is the transcript of his interview with Nebil Nizar and Joseph MD.

1.      What is the role of police in modern society?

M.G.A Ramen: In any society, the role of Police is to do service for the Public. Police should improve relations with the public. British Metropolitan Police and their relations with the Public is a good model. In India, no one prefers to go to a police station. Colonial mindset of the Police as well as Public should change. Police need to change and take initiative; slowly and gradually, the Public will follow.

2.       What do you think on the new face of Police- People’s Police? Whether it will change the impression of Police among the common man?

M.G.A Ramen: Police- People relations have become better in cities, but it is not so in rural areas. They still see the Police as the same suppressive police force of British Raj. When I was Director General of Police (Prisons), I used to go and interact with inmates of Jails to understand their problems. All these helped in reforming them.

3.    What is the purpose of a Jail? Reform an inmate or to isolate him from the rest of the society?

M.G.A Ramen: A person when convicted by the court is sent to Jail. My theory is that they have been sent to their house. It is my duty to see that they are looked after properly. I have taken lot of steps in this regard to see that they change their attitude. To that extend my behavior to them was quite different from any normal Police/ prison official. My attitude was human. I believe absolutely in Reformative theory.

4.      Reports of attacks towards the prison officials by inmates are hitting the headlines. Media alleges political prisoners behind these attacks.  Would the Political backing of the prisoners be a threat to the atmosphere and security of the officials in the prison?

M.G.A Ramen: The convicts having political patronage indulge in all these activities. They have a feeling that whatever they do, they can get away with it. The attack on prison officials has been done by those political convicts who has been enjoying freedom for quite a long period.  They lost all their freedom when they were shifted from Kannur Jail to Veyoor Jail.

5.      It is alleged that Police is supplying information to media houses to sensationalize certain cases. Whether Police is also a part of media Trail?

M.G.A Ramen: In the good old days, there was secrecy in the Police Force, but today officers are not so. They are now loyal to the changing Political parties in power and have no loyalty to the uniform. Welfare of Political parties is looked into today. Beyond reasonable doubt, I can say that Information is passed on to media by interested persons in uniform.

6.       Whether Political interference is affecting investigations carried out by Kerala Police?

M.G.A Ramen: Yes, there is widespread political influence in the investigations carried out by Police. Usually a Political party after committing crimes like murder for Political ends gives a list of persons who should be charged. Usually persons from the said list are charge sheeted and arrested by the Police and amongst them few are convicted. It is a fact that most of them are innocent. Unfortunately, this had been a trend for quite long until the TP Murder case. I am happy with the progress of TP Chandrashekaran murder case and the Police is actually working freely after a long time.  History of Kerala Police maybe studied as Pre- T.P Chandrashekaran Case and post TP Chandrashekaran Case.

7.    Recently media published the list of 520 Officers of Kerala Police, having criminal nexus. Whether the Police are really criminalized? What are the reasons for increase in the number of criminals within Police Force?

M.G.A Ramen: This is a very sensitive question. Just because a case is registered, a person cannot be seen as a criminal. Similarly, Police officers involved in Lockup deaths cannot be called criminals. I will say that it is unfortunate.

Merely because a case is registered, a person is seen as a criminal, then today almost all political personalities have to be seen as criminals.

8.        Recently Kerala Home Minister Thiruvanchoor Radhakrishnan mooted the concept of amendment to IPC and Cr.P.C to protect the interest of Investigation Officers. The amendments have been suggested in the background of the recent threats held out to police officers probing the T.P. Chandrasekharan and Adbul Shukkoor murder cases. What do you think?

M.G.A Ramen: No comments.

9.       Whether Police Associations are functioning properly in Kerala?

M.G.A Ramen: Police Associations are being focused on Individuals and in reality, no effective ends are obtained and only individual ends are achieved. Officers started to take credit and only focus on enriching their career. I am very much sad to say that associations are not working properly and are more political oriented like the other service organizations (NGO Association and NGO Union).

10.   CM speaking at National Conference of Women in police organized by Bureau of Police Research and Development, said that women would soon be considered for the post of SHOs. He even added that direct recruitment of women as Sis is on the avail. Do you think that women officers would be able to control ‘law and order’?

M.G.A Ramen: It is good. They must be ‘police officers’ and not ‘women police officers’.

11.   Shashi Tharoor now moots the concept of conducting a separate examination to recruit people into Indian Foreign Service. Do you think that UPSC must conduct a separate exam for Indian Police Service?

M.G.A Ramen: I do not subscribe to the idea of conducting a separate exam for Indian Police Service. All India Service exams must be conducted together.

12.   What is your opinion on the new concept of separation of ‘Law & Order’ and ‘Crimes’ in Kerala Police on the lines of Police in Developed Nations? Is that practical in Kerala set up?

M.G.A Ramen: The separation of the Powers into ‘Crime Branch’ and ‘Law and Order’ has been followed from long back. It is definitely practical. The Government in order to prevent law and order headache place all the good officers in ‘Law and Order’. The result is that Crime Branch and Special Branch suffers badly. Further there are very good officers who are not loyal to the political parties, who are denied good postings by the political masters.

13.  Are you optimistic that the present system will change?

M.G.A Ramen: A time definitely will come when the change has to take place. People will to certain extend tolerate injustice, but not for indefinite period. Police has to be given more freedom and then only efficiency will take place. As today persons with political connections in majority of the cases get justice. This loyalty to political parties has to change. Police has to be given more powers and freedom to work. Until and unless the officer thinks about his work over his chair, the present system will not change. If you believe in your work, then positions will come to you. I got huge satisfaction especially from my three and half years as DGP (Prisons) and those memories will always be cherished by me.

The Rule Of Law And The Rule of Life

Justice Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: www.supremecourtofindia.nic.in

By Justice V.R Krishna Iyer

The rule of law to be worthy of lawyering must run close to the rule of life. A humanist jurist can be truly great only if it has a spiritual illumination. So much so, students of law must have a course in the moral well-being of society in the peaceful non-violent world for the happy survival of humanity. Our constitution in its preamble has emphasized truth and integrity, social and economic justice and the little man’s rights to caste his little vote with the decisive voice in the long run so as to insure a socialist secular society. This is the true tryst with the destiny India has made when it became free.

The Constitution, which is our paramount law, has in its very preamble emphasized the soul of our culture the values for which Bharat Republic stands. No Indian is a luminous patriot unless he is inspired by the basic substance of Socialism, Secularism, Democracy in their egalitarian, materialism and spiritual luster. No one-no lawyer or educated being is truly so unless he understands that education is the manifestation of the perfection in Man. Nor is he honestly religious, Bible and Koran nor Vedas   apart, unless his being is luminous with universal divinity of all high faiths. This vision of omnipotent Religion must be the fundamental rule of law and taught to every student as integral to Law, Justice and World unity and peace. Students of justice, justicing and jurisprudence sans this learning is not humanist or members of global cadre. Man, if he be truly divine, must realize that justice is above all material assets and wealth. Fiat  Justicia  Ruat Cealum. He lives as a member of the universe never in isolation. We toil foe others as that is our mission.

To argue that socialism as an anomaly, is an unconstitutional submission. Indeed, the Preamble itself which is an integral part of the constitution must emphatically declare all the ingredients of socialism .The amendment specifically mentioning socialism is itself supererogatory. Sans the word socialism the thrust and meaning of the provisions of the constitution can leave no economist, no jurist in doubt that the Republic created is one of the economic justice, which is another word for socialism. Indubitably, India is a Socialist Nation. It is not worthy that a strong Bench of Supreme Court, speaking through Justice D.A.Desai had interpreted the constitution is a socialist one and held further that pension are not gift or charity but unearned income based on the theory that India is a Socialist Republic. This is the dream of our destiny and the command of our finer future for survival.

“The service of India means the service of the millions who suffer, it means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us but as long as there are tears and suffering, so long our works will not be over”  (Nehru)

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

Corporatization of legal education must not be allowed: Dr. Mohan Gopal

Prof. (Dr.) G Mohan Gopal
File Photo. Photo: B Pradeep Kumar

By Sudheer

Prof. Dr. Mohan Gopal is presently Director, Rajiv Gandhi Institute for Contemporary Studies (RGICS).  Dr. Gopal was Director of the National Law School of India University, Bangalore (2000-2003). Dr. Gopal taught law at Georgetown University Law School, Washington, DC for nine years as an adjunct professor (1991-2000). Dr. Gopal served for over 18 years at the World Bank in Washington, DC where he became Chief Counsel in the Legal Department of the World Bank. Previously, Dr. Gopal served from 1980-83 as a legal counsel at the Asian Development Bank in Manila. Dr. Gopal has also taught law for three years at the National University of Singapore.
Dr. Gopal holds a masters and a doctorate degree in law from Harvard University (Harvard Law School), USA and a bachelor's degree in law from Delhi University.

1.       What is your opinion on the infiltration of Corporate management into areas including legal education? What would be its consequences?

Dr. Mohan Gopal: The Corporate Universities in Delhi and Ahmedabad gives degrees in various branches including Law. The fee there is whopping 30 Lakhs. Apart from that, a matter of great concern is the influence of corporate management in legal study. It is likely to effect justice administration. Graduates from corporate colleges would normally be inclined more towards ‘corporate’ rather than general public. The system for safeguarding justice will no longer be there.  Law must be impartial. There must be a Bar Council working for the upliftment of poor and must give suggestions for the same. When Corporate’s enter the field, ‘Freedom’ and ‘Impartiality’ will be lost. The Law College students as well as public should raise their voice against this tendency. Corporatization of education sector must not be allowed.

2.       You your self was a member of the Independent Enquiry panel set up by the Chairman of Rajya Sabha to look into allegations of corruption against Justice. Dinakaran.  Do you feel that the Judiciary is corrupt?

Dr. Mohan Gopal: I feel that majority of Indian Judges are honest. But lack of independent agencies to enquire into the allegations raised against Judges, creates suspicion in the minds of general public. There exist systems in the High Court to investigate the affairs of Lower Court Judges. Investigations in majority cases lead to disciplinary action which includes dismissal. The general public is not aware of these actions. In foreign countries, people are briefed about investigations and disciplinary actions with the help of fourth estate. This helps to build confidence and also gives a message that no one is above law. In India, people must have more means to complaint against High Court and Supreme Court Judges and check the status of complaint. An independent mechanism should be there to inquire against them. Only then, it will be clear whether there are any corrupt ones among them. People also have a right to know the result of the investigation.

3.       What really happened to the Investigation panel against Justice Dinkaran?

Dr. Mohan Gopal: On completion of tenure of one of the member of the committee, it was not reconstituted. So neither a clear investigation nor a report been completed. Before the completion of investigation, Justice Dinakaran resigned. After that, committee was not reconstituted. Committee had no special interest in this matter. We are not sure whether the Government was under pressure from any quarter or had any special interest in this matter.

4.       You were the one who drafted Government’s Lok Pal Bill. What do you feel now?

Dr. Mohan Gopal: If it had been passed in the Rajya Sabha then legal mechanism against corruption would have gained strength. I do not believe that Lok Pal can eliminate corruption in this country. Still, Lok Pal beyond doubt has a significant role to play.

5.       Judges and bureaucrats have a Colonial Mindset. How do you react?

Dr. Mohan Gopal: Bureaucrats and Judges have a feudal mindset. Feudal Lords of ancient times showed no regard for law. The same mindset prevails today to certain extend. They cannot and will not accept laws that which empower common man and restrain theirs. Feudal mindset is exemplified by the Supreme Court’s stand on Reservation.  Former Supreme Court Judge Chinnappa reddy has strongly opposed the views of Supreme Court on limiting Reservation.  The Court has no right to violate Constitutional rights.  The Verdicts of certain Judges tend to speak against reservation and gender equality and they do this on the pretext that they are authorized to interpret the Constitution.

The basic aim of the Constitution is to reach the common man. This dream will be possible only through fundamental change in the existing legal machinery. Today’s entire legal framework is based on 1937 Act. The High Courts of Madras, Bombay and Culcutta are about to celebrate their 150^th Anniversary. But the question is how they are 150 year old when the Constitution  itself came into force only in 1950. They still consider the year the courts were started by the British. This is an example of Feudal mindset. Executive, Judiciary and Legislature must uphold the ideas embodied in the Constitution.


(Sudheer is a print journalist with a leading daily. He may be contacted at vsudheermdm@gmail.com)