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 125^th 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.


***

Corporate Social Responsibility- Its future

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

By V.R Krishna Iyer

Corporate 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)

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.

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. 

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.