GLC Thiruvananthapuram accorded research center status

By Nebil Nizar

The prestigious and one of the oldest law institutions in India, Government Law College, Thiruvananthapuram, has been accorded with research centre status by the Academic Council of the University of Kerala.

The resolution which was passed unanimously by the Academic Council of the University of Kerala fulfilled a long cherished dream of the college. Principal Dr. A Prasanna and Associate Professor Dr. P.C John have been named as Research Guides. The college has also requested for the formation of a chair named ‘Malloor Govinda Pillai Chair on Criminal Law’ to the Government. A proposal for formation of ‘Justice K.K Mathew Chair on Constitutional Law’ is in the pipeline as well.

‘It is a really proud moment. Our institution despite having all infrastructure and faculty base was denied of such a status for more than thirty years. Now, really happy and proud of getting such a feather on our cap. We will liaison with bar, bench, academia and the government to do everything possible for great working of the research centre’, said Associate Professor and Research Guide Dr. P.C John.

Established in 1875 by the then Maharajah of the erstwhile Princely State of Travancore, the college has produced some of the finest legal minds, including Supreme Court Judges, more than half a dozen sitting Judges of the Kerala High Court, Union Ministers/legislators, academicians, bureaucrats etc. The first woman Judge of the Supreme Court Justice Fathima Beevi is an alumnus of the college, as also noted academician Dr. N.R Madhava Menon.

(Originally published at http://www.livelaw.in/glc-thiruvananthapuram-accorded-research-centre-status/)

'I always say that the best time to startup is college. Fear is a thing to regret. Start early. Because when you run the extra mile, it is always less crowded!'

Her inclination towards writing led her to become a blogger/legal journalist. Anisha Aditya blog at law portal Law School Terrace and is a writer at Inc42, a social platform for young start ups. She also works as freelance journalist and a mind wanderer. She is presently studying law at Lloyd Law College, New Delhi.

Given below is the transcript of her interview with Nebil Nizar

1-What made you a journalist?

A positive impulse, an urge towards recognition and my own sentimental inclination to become a writer pushed me towards journalism. It is amazing how one thing kept rolling to another. Journalism opened up a plethora of opportunities for me. The walk has not really been a cascade of flower. But who wants an easy play?! Honestly, my decision to become a journalist has been much recent. And all that has set forth has only moved me to go along with it. It was never a measured route for me, as it happened to be a job I love doing.

       

2- How legal journalism come into your life?

Freshman year was a hustle. My archaic mindset that law students can only wear the black cloak and the bitter grin and sit behind a stack of briefs got overruled. The issue is law schools offer too much food for thought but less time to ponder. And hence everything seemed a hustle.

Once I started writing, my interface with the legal fraternity was much more than the other fronts – be it with law professors or advocates or startup founders or law associates. Many people connected with me for giving legal reports on the various legislations, verdict of the Judges, different aspects of law schools or the legal profession per se. Moreover, I encountered many wonderful personalities who motivated me in the pursuit of this field. Did the motivation help? Sure thing!

3- Specialized Branches of Journalism are growing- Legal, Business and Economy etc. Do you think this would take journalism to new heights?

Yes ofcourse it will! The reason behind it being proficiency. You put an science teacher in a room of poetry, more often than not, the person will create meaningless scribbles. I am not disregarding the versatility of journalists, but you cannot throw the theory of right man in the right place in denial. It's simple: an economist can definitely give better economic reports than a political scientist, an entrepreneur can certainly write better about VC or angel investors than a social scientist. Division of labour is an old school theory prevailing in contemporary times! Specialization of journalism will lead to skillful work which will certainly lift up journalism to new heights.

4- What is the present status of legal journalism in India? How far it is seen as a career option here?

Legal journalism is no longer a wallflower in India. The skills of a researcher, argumentative thinkers, critical analyst are mutual epithets for all. Yet, a high tide of law students is not prevalent here. Opportunities are in plenty. Various new forums are coming up to boost legal journalism, both online and offline. Moreover, when you possess the knowledge of law and if you are giving reports on law, then certainly you are at an advantage. Seeing legal journalism as a career is a lucrative option now.

5- Recently Press Council of India Chairman Justice. Markandey Katju emphasized the need for minimum qualifications for a Journalist. What is your stand on this?

I never quite understood why Justice Markandey Katju said so. Training comes from experience, not from a paper degree. I think every journalist is a quick learner with a childlike curiosity. Even if he has never studied articulate venation or Higgs boson in life, he can write a complete report on that. Most importantly, a journalist knows how to filter the knowledge to extract the best. I totally agree with Barkha Dutt saying that the answer to attain greater heights in journalism does not lie in “more degrees”. Some of the stalwarts of this field are even without a successful university degree. Journalism is a movement. Absence of prescribed qualification for journalism is certainly not resulting it’s mediocrity. Infact, its liberalism is leading to its progress.

6- Do you think that there is a trend to scandalize and lower the authority of courts by legal media fraternity in the recent times?

Journalism is the only medium which exposes the public to the whirlwinds of the recent times. Media does not derogate the court. It only enlightens minds. If a factual truth about an incident sensationalizes the public, why must be the media be blamed? Moreover, lawsuits are not decided by the public’s reaction, but by the law of its jurisdiction. People have a right to know all that is happening within the nation, not just the headlines and the verdict of it. It has played applauded role in the case of Jessica Lal, Arushi Talwar, 2G scam and innumerous other cases. Atleast, someone is genuinely trying to enlighten and ignite minds!

7- Do you think that law schools should start a new course on legal journalism to impart training in basic laws combined with teaching journalism skills?

My institution itself has Law and Media in its course. But what is required is not a black and white teaching, but how to hunt in the wild. Law and Journalism both are two very powerful professions. When merged together, it can work wonders. The issue is, life even outside the education system seems to be scheduled - get good grades, graduate, get a job, marry, have kids, grow old, retire, die! Indian journalism needs young minds with bolder ideas. And hence practical oriented teaching is MUCH MUCH in requisite.

8- If a Journalism aspirant seeks your advice to help him choose between Print and Visual media, what will be your advice?

Everyone has to seek for their own niche. A kid with brilliant speaking skills can hit the visual media while the one who has more power over the pen can ink the script. It again varies from what you what you want. Apart from increasing local creditability, print media is form of art. Print Media is a job from which one cannot just gain recognition, but also satisfaction. For me personally, it is a source of contentment. Again that is broadcasted on the visual media is global and gives fame. One major misconception is considering social forums like Facebook, Twitter and the likes of it as Visual Media. These are merely alternate media. Whether to choose Print or Visual Media depends completely upon the potentials of the individual. On the whole, I think both hold equal significance for denoting media as the 4^th estate in a democracy.

9- What is your advice to law students who desires to be a Journalist?

Journalism is a brilliant profession to pursue. No ifs, no buts to it. The priceless perks of journalism are the connections which reaches you, your name being a common word, people find you, your current affairs is a major score and last but  least, a productive mindset. I always say that the best time to startup is college. Fear is a thing to regret. Start early. Because when you run the extra mile, it is always less crowded! ;)

(Originally published at http://www.glctvpmlaw.blogspot.in/2013/10/i-always-say-that-best-time-to-start-up_5.html)

Loudspeaker: Is Law the villain in rape cases?

Photo: Press Trust of India

By Nebil Nizar

Unfortunate rape and subsequent death of Delhi gang rape victim led to widespread protests whole over the country and in the digital space. Former Chief Justice of India J.S Verma was roped in along with Leila Seth and Gopal Subramanium, owing to public outcry, to recommend changes in the criminal law in the country. The Criminal Law Amendment Act was drafted, read, circulated, discussed and passed in record time. But one doubt, has anything changed since then?


Before and after Delhi incident Indian women continued to face the harsh realities of domestic violence, torture, rape, trafficking, bride burning etc. Rape gets on to the top of our chart because, as Hon’ble Justice Arijit Pasayat observed ‘While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female’. The rape rate is not going down after all the attention and country wide protests. Recent case of abduction and rape of a medical student at Manipal again makes us sit and think- Can Law deter the commissioning of rape? Is Law the villain? What should be really done to stop this menace?


Let us see how our society responds to these critical questions

Joseph M.D, Student, Government Law College Ernakulam, says ‘Taking into consideration the latest spree f gang rapes across India, it is difficult to suggest that inadequacy of law is the only problem.  However I think laws existing today lack severity.’

Saumik Bose, Student, National Institute of Technology- Warangal, thinks ‘Law isn’t. The people who are responsible for implementing it are’

Nada Nashid, Student, Government Medical College- Thrissur, says ‘law is neither the villain nor the saviour, it just stays in between. The problem is with the society. Degraded morale is the basic issue. From my point of view law should ensure safety of women around and that’s a must. We can’t simply blame women for. In the present progressing world, one cannot stay indoors from dusk. A high standard of punishment by law can at the base put some stop to a few misfortunes.

Bilal Siddiqui, Student, University of Buffalo, New York says ‘I feel that our society is unable to keep up with the pace of social change. It’s simply happening too fast. While the upper middle class and the rich who live in major cities are able to adopt western ideas-way of living, dressing; the rest 70% of the 1.2 billion people who live in small cities, towns still nurture social conservatism and believe in the sanctity of inherited culture, traditions, and values. Given the current social climate, a woman should care more’

Adv. Boris Paul, Secretary, Kollam Bar Association, says ‘Law is not the snag. We have to reconcile with the reality that criminals thrive here and there and the Police and rulers are aiding crimes. Unless a fool proof crime stopper mechanism is established, we have to safeguard ourselves. As a part of safety, a girl can avoid late night strolling. That does not mean curtailing any of her right’.

Adv. Simla Prabhakaran from the High Court of Kerala says ‘Lack of law is not the key issue. We look after or discuss problems that are just hypothetical. What we should really converse is about human soul. Human mind must widen and attitude must change.  Then only this world will become a safe place for women.’

Adv. Rajesh Ramamoorthy from the High Court of Kerala also feels that there is nothing wrong with the law. He shared his thoughts thus,’ It (law) has been the same for a century and a quarter. In the past, people know each other enough that forcing oneself on a woman could have disastrous effects on the social and family life of the perpetrator by some mechanism in the society, whereas, today but for the legal consequences, the perpetrators are rarely ostracised in the society and family.’  

Dr. Mathew Kuzhalnadan, Supreme Court Lawyer and Indian Youth Congress National Secretary say ‘Law alone is not the problem. However, strengthening of the same and fixing the loop holes and speedy trial will definitely improve the situation’

Lt. Sanil Kumar says ‘Our system of education has many flaws and an immediate reform to upgrade the same is inevitable. Education must inculcate values in the young minds. A person with ethics and values seldom insult women’. He thinks of a carrot and stick policy. He adds ‘I also think that we need to introduce a witness protection system in India. A witness should not be threatened. A witness should feel that he is a ‘Hero’. This system ensures that no one escapes the hands of law and thereby deters others’.

Prasanth Nair IAS, MD of KTDC and Addl. Excise Commissioner of Kerala say ‘It (rape) has been happening even before Delhi incident. It is continuing to happen in cities and villages. Murder, assault, rape, burglary etc happen despite laws. No law has stopped any crime completely. Surveillance, enforcement, civil society involvement and sensitisation of men are important.’

Justice V.R Krishna Iyer, Former Supreme Court of India, say, 'Law is not the villain. On the contrary it is a fundamental requirement for social survival. Violence on women and its frequency depends on the penalogical instrumentality and speedy radical operation.'

Rape is the most heinous crime committed on a woman. It is worse than a murder, as the victim dies 1000 times, when she is alive. A carrot and stick policy is the need to tackle this. Blaming the law won’t terminate this problem. At one side we need to develop a society of value rich souls who believes in ethics. Sensitization of men is inevitable. Other side, we need to have surveillance, enforcement and punishment. A witness protection system is also a good thought.



(Originally published at http://glctvpmlaw.blogspot.in/2013/06/loudspeaker-is-law-villain-in-rape-cases.html)

'Italy cannot claim sovereign immunity'

Massimiliano Latorre, center and Salvatore Girone, right, 
coming out of Central Prison, Thiruvananthapuram, Kerala, India.
Photo: Associated Press

The Killing of two Indian Fishermen off Kerala Coast has even led to a legal-diplomatic war between Republic of India and Republic of Italy. Both the countries contents jurisdiction to try this case. This case climbed the stairs of Supreme Court at least four times. The ‘Note Verbale’ by Italian Government and subsequent Supreme Court order restraining Italian Ambassador from leaving out of India and possibility of contempt proceedings again led to Diplomatic war between both countries.

Special Public Prosecutor for Enrica Lexi Case at Kollam Sessions Court, Shri. G Mohan Raj exclusively spoke to Nebil Nizar. Given below is the excerpt from the conversation.

1- The Supreme Court has ruled that India has jurisdiction in this case, but not Kerala. How do you react?

 Mohan Raj: I think even Kerala Courts has jurisdiction. As long as Indian Constitution, Indian Penal Code, Criminal Procedure Code extends to the state of Kerala, and jurisdiction of India is extended using Maritime Zones act, Kerala is having jurisdiction.
The Hon’ble Supreme Court has ruled that Kerala is having jurisdiction up to 12 nautical miles and India is having Jurisdiction up to 200 nautical miles. As for the time being, that is the Law of the land.

2- The Complainant in this case was Kerala Police. Now you have been stripped of your rights. What can you do?

Mohan Raj: Criminal offence is an offence against the state. In Larger perspective we can say that state can be nation itself. When Jurisdiction of Kerala state is taken away, Jurisdiction will go back to Central Government. For the reason that Kerala Police initially registered the case and thereafter it was found that Kerala is having no jurisdiction, the initiation of criminal proceedings will not abate.

3- Supreme Court said that Registration of FIR is correct, Investigation is correct, but, you do not have Jurisdiction. Don’t you feel this is strange?

Mohan Raj: That is the anomaly. When it is said by the Apex Court, we have no option other than to follow it.

4- How did you begin this case?

Mohan Raj: First, we searched for Notification under The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (the Maritime Zones Act, for short). Fortunately we could find a 1981 Notification by Central Government. In the notification it was said that Indian Penal Code was extended up to 200 nautical miles. Then we were sure that we had Jurisdiction to investigate this case.

As far as criminal law is concerned, if nothing prohibits the initiation of proceedings, then it can be. As on the date of registration of FIR, there was nothing prohibiting Kerala Police from conducting an Investigation. So, Federal state initiated action. FIR was registered, seizure was made.

5- The Accused(s) in this case are members of armed forces of a sovereign country in friendly relations with India. Are they entitled to Sovereign Immunity?

Mohan Raj: For getting the benefit of sovereign immunity, you should be exercising a sovereign function. Here, in this case, Investigating Officer could rightly find out that they were engaged for giving private security to a private ship. Italian Military was getting paid for that.  It was a paid service. Sovereign Immunity can be claimed only when the Marines acted for Italian Government. The Marines did not fire for the safety of Italy.

6- There is a Prisoner Exchange Agreement between India and Italy. Are you afraid that the Marines would shrug off the clutches of Indian Law?

Mohan Raj: That is by virtue of The Repatriation of Prisoners Act, 2003. Recently India and Italy has signed an agreement. They might be foreseeing a conviction. If they are convicted, they might ask Union Government to repatriate them to Italy.

7- Media reports quote Italian authorities saying that India has agreed in writing that the accused (s) will not be given Capital punishment. How do you react to this?

Mohan Raj: It is premature to comment about that. We cannot say the outcome of the trial. First of all they must be found guilty. Then mitigation circumstances have to be considered. Then we have to consider whether it is a rarest of the rare case. Then only that issue arises.



Special Thanks to Ms. Garima Tiwari, Mr. Reju Prasad.


(Originally published at http://glctvpmlaw.blogspot.in/2013/03/italy-cannot-claim-sovereign-immunity.html)

'Women ought to join judiciary'

Chief Minister Oomen Chandy lighting the lamp in the presence of
MLA K Muraleedharan, Education Minister Abdu Rabb and Principal S Usha. Photo: Navya Frederick Pereira

By Nebil Nizar

Thiruvananthapuram: Chief Minister Oomen Chandy  after laying the foundation stone of new Research Block at Government Law College Thiruvananthapuram urged Girls students to come forward and join the Judiciary.

Chief Minister traveled  down the memory lane and remembered that majority of the students during his student days at Government Law College Ernakulam were boys. He said, I am now happy to see that now girls constitute the majority.

The New Research Complex also houses a new Auditorium Hall and a Canteen. Chief Minister expressed his wish to convert Old Highland Bunglow, which houses the Principal's chamber and a few classrooms as Heritage Block and requested the Principal to submit a memorandum on this regard.

The program dated 12th March 2013, was presided by K. Muraleedhran, local MLA and attended by Shri. Abdu Rabb, Minister for Education, Government of Kerala and Principal Smt. Usha.


(Originally published at http://glctvpmlaw.blogspot.in/2013/03/women-must-come-forward-to-join.html)

News Story- Suryanelli

News story in the backdrop of my interview  with senior criminal lawyer Shasthamangalam S Ajith Kumar carried by UAE based media giant Gulf Today's website. See at http://gulftoday.ae/portal/45f06871-3bf8-4506-9472-4e213fa0f12c.aspx#.UR2ysOHzSLg.twitter

News story in the backdrop of my interview with Senior Criminal Lawyer Shasthamangalam S Ajith Kumar carried by Oman based newspaper 'Oman Observer'. For original please see Page no.5 (India) at http://main.omanobserver.om/files/pdf/2013/2/15/OmanObserver_15-02-13.pdf

News story in the backdrop of my interview with Senior Criminal Lawyer Shasthamangalam S Ajith Kumar carried by Indian newspaper 'Deccan Chronicle'. For original please see http://www.dc-epaper.com/PUBLICATIONS/DC/DCK/2013/02/15/INDEX.SHTML?ArtId=004_048&Search=Y

(Full text of the said interview may be accessed at http://www.nebilthinks.blogspot.in/2013/10/kurian-never-named-by-prosecutrix.html)

'Kurian never named by Prosecutrix'

Shasthamangalam S Ajith Kumar is regarded as one of the best trial lawyer in the State of Kerala. He was the junior of Shri. K.P Radhakrishna Menon, who later got elevated as High Court Judge. He was also the junior of famous criminal lawyer Kottur Gopala Krishna Pillai. He has appeared in a number of high profile cases which got wide media attention. He also worked as a Special Prosecutor for Narcotics Control Bureau (NCB) and Revenue Intelligence and Customs.

He has represented eight accused in Suryanelli case, including Accused no.2. Given below is the transcript of his interview with Nebil Nizar and Vimal Koshy.


1- Could you brief us about the trial?
Ajith Kumar: A Sessions Court in Kottayam was notified as a Special Court for trying this case. Sasidharan Nambiar was the Sessions Judge. Suresh Babu Thomas was the Special Public Prosecutor.

The trial was a split one because Dharmarjan was at large and could not be traced, so charges were laid against 40 persons and taken on file by the Special Court. The second trial, was started when Dharmarajan surrendered.

2- Why was this case entrusted to a special team?
Ajith Kumar: This case got a lot of media attention and the Government had then entrusted this case to a Special Investigation Team (SIT) headed by Deputy IG Sibi Mathews. Joshwa was then a Dy.SP. Siby Mathews had an image as that of an excellent Investigating officer.


3- KK Joshwa, then a member of this SIT strongly came out against the then SIT Chief. How do you view this?
Ajith Kumar: I Know Siby Mathews personally. When N Ram wrote an article on Siby Mathews in frontline containing some defamatory remarks, he engaged me to file a defamatory suit against Ram. Siby Mathews is a man of character. You cannot influence him. He never mixes official and personal matters. He is an incredibly credible officer.

In Suryanelli case, I and Siby Mathews were on different poles. He was the SIT Chief and I was the counsel appearing for eight accused in the case.

During the trial, Siby Mathews and Joshua were working like one soul and two bodies. They were seen working together to ensure a conviction. There was not even a murmur, a dissent or anything from the side of Joshwa. I strongly believe that Joshua now came out against Siby to wreck personal vengeance.


4- Justice Basant (as he then was) is in news for wrong reasons. His decision in Suryanelli case is widely criticised. His statement during a personal conversation kicked start controversy. How do you view all this?
Ajith Kumar:  I Know R Basant for the past 28years. I have represented cases before him. I have argued first and second appeals before him.

I had a serious difference of opinion with him regarding the way he appreciates evidence, he is a person who believes that provisions under the Code of Criminal Procedure are intended to see that an accused is ultimately found guilty and convicted.

I even submitted before him that his decisions would throw to wind the traditional principles of appreciating evidence. He smiled and said: ‘Ajith Kumar, please understand that there is a change in time’. He was a convicting Judge.

Just of the reason that he has decided against me in a couple of cases does not make me speak against him. I admit that R Basant was an Honest Judge with Character and Integrity. He is a very hard working individual who believes that he is the seat of Justice, and Justice must be administered.

I feel really bad when persons who do even know who he was, accuse him of wrong things.  

5-Director General of Prosecution T Asaf Ali has given a legal opinion that Further Investigation is not necessary, any comments?
Ajith Kumar: Even if I was the DGP, I would have given the same legal opinion. If further Investigation is ordered, then the entire case would collapse. Prosecution got two convictions (Trial 1 and 2). He might be hopeful of a Conviction from the High Court from the settings of the things.

But, if you have any regard for truth, this case should be opened up. State Government should ask CBI to investigate this case. 

6- How do you see Dharmarajan’s revelations to media?
Ajith Kumar:  Dharmarajan is a convicted accused. He has jumped parole and is at large. He is the son of a lawyer and brother of a sitting Judge. Dharmarajan himself is a Law graduate and a Lawyer. We cannot presume that he is ignorant of Law and its technicalities. We cannot believe the version of a convict.

7- Did the local Police who investigated this case, had a genuine interest to prove the case?
Ajith Kumar: Initial investigation was done by one Mr. Mathews, Circle Inspector. He turned hostile during the trial and was grilled by the Prosecution.

Mathews recorded a statement of the Prosecutrix during the course of his Investigation, in which there was no rape or allegation of rape. She added that she went on her own, she met Dharmarajan and went to so many places, met Usha (Accused 2) at Kanyakumari (SIT version is that they met at Kottayam).

Mr. Suresh Babu Thomas, learned Special Public Prosecutor stoutly denied the existance of such a letter and alleged that Mathews had cooked up a story.

During the 2^nd Suryanelli Trial, the Defence side was successfully able to get hold of a communication from the Circle Inspector Mathew to Deputy Inspector General (DIG) saying that such a statement was recorded. Having no other way, the Prosecution admitted the existence of such a statement from the part of the girl to Circle Inspector Mathews.

8- Dharmarajan who jumped parole and now at large giving an interview to a private channel from an undisclosed location, speaks about Police tortures and how statements were extracted out of them. Did any of the persons whom you represented complaint so?
Ajith Kumar: Everybody was treated in the most cruellest manner. Mr. Cherian, an accused in this case has said to me about his experience at Devikulam Police Station. They were stripped naked and inhuman treatment was inflicted on them which even Hitler did not do at the Concentration Camps. This continued till 03:00am.

The sad fact is that none of the accused made complaint against the torture.

9- Do you think that the Investigation by SIT was not fair?
Ajith Kumar: Most of the witnesses in this case was threatened by Police. Most of the witnesses statements were recorded under Section 164 of Code of Criminal Procedure before a Magistrate. During the trial stage, all of them were threatened with Perjury.

The evidence upon which Siby Mathews relied on was that of a Prostitute from Mundakayam, Kottayam, who took part in the whole process. Instead of arraying her as an accused, Siby Mathews deleted her from that list and made her a witness and statement under 164 of Code of Criminal Procedure was recorded.


10- Do you think that this case needs to be re-investigated?
Ajith Kumar: This case should definitely be Re-Investigated. Central Bureau of Investigation is that apt agency. The State Government should show the courage to do that.


11-  Now the main stream media is busy discussing the involvement of present Rajya Sabha Deputy Chairman PJ Kurian, what you have got to say about this?
Ajith Kumar: None of the persons whom I represented at the trial said me about PJ Kurian. They all said that they were all falsely arrayed as accused, I am pretty sure that Kurian was nowhere in picture.

During the first trial, I was present in the court all the time during this In-Camera trial, the prosecutrix has never ever named P.J Kurian.



(Originally published at http://glctvpmlaw.blogspot.in/2013/02/kurian-never-named-by-prosecutrix.html)

‘Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done’

Justice V.R Krishna Iyer
Photo: The Hindu

‘Victim was used for child prostitution’, this controversial statement from the part of R Basant, former Kerala High Court Judge and part of the division bench that acquitted 35 accused in Suryanelli case, shook the conscience of the society. Widespread protest escalated. Broadcast, Print and Online media joined the civil society in protest.

In an email interview with our correspondent Nebil Nizar, Justice V.R Krishna Iyer, eminent Jurist and former Supreme Court of India Judge V.R Krishna Iyer came out heavily against Justice Basant.

1)  Justice Basant is heard saying in the tape; Child Prostitution is not Rape but Immoral only. How do you respond?

Justice Iyer: I consider the distinction between immorality and rape as absurd and spiritually untenable

2)  Is it important for the Judge to Examine the charecter of the Prosecutrix before reaching a conclusion? Or whether Happening of the alleged offence is important?

Justice Iyer: Both are relevant.

3)  Does conversation with Justice Basant show the attitude of Judges while deciding cases relating to sexual offences?

Justice Iyer: The attitude of the judges in sexual offenses discloses Judicial disposition vis a vis sentencing. The diabolical attitude of the judge towards sex crimes makes his sentencing harsh

4)  Original IPC (Copy at Harvard Law School) in Section 376′s explaination notes says that if a girl is held in captivity and raped, when she has a chance to escape, if she didn’t, then she cannot claim that she was raped. Then is Justice Basant right?

Justice Iyer: No, a rape is a rape whether the victim has been opportunity to escape or suffers confinement.

5) Do you think ‘Contempt of Court’ must be slapped on Justice Basant for making fun of the apex Court by saying that the Judge has not even read the Judgement of Kerala High Court?

Justice Iyer: Justice Basant making observations about the sentencing Judge is guilty of making stultification. Such an attitude is near contempt.

Many women feel outraged by Basant remarks. There is some moral justice in refusing to call Judges like Basant. Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done.

Justice Basant is my old friend and I know him to be a good Judge. I am shocked how he made such derogatory Judgement about his own sister female humanity. He has to withdraw the vulgar statement he has made. Oh the pity of it-dear Basant please express your regret and withdraw your shocking opinion about women kind publicly. You were a learned Judge; why ruin your reputation.

(Originally published at http://www.worldbeyondweb.com/interview-with-justice-v-r-krishna-iyer/)

'I would love to see more active, creative and healthy political culture in campuses, and Law Colleges should be there to lead the student politics'

Dr. Mathew Kuzhalnadan is a National General Secretary of Indian Youth Congress. He is an alumnus of Government Law College Thiruvananthapuram, University of Kerala. He is also a Ph.D in Law from Jawaharlal Nehru University (JNU), New Delhi.

He is one of the founding partners of Law firm KMNP Law, New Delhi. They also have an associate office in Cochin, Kerala.

Given below is the transcript of his interview with Nebil Nizar. 

1- You entered Politics through campus politics, and subsequently rose to National Politics. Now years later, what is your take on student politics in campus?

Dr. Mathew: You are right that I started my political career from campus. Over the years, there is a drastic change in the approach and attitude of students and society towards campus politics. There are many reasons for it which I don’t want to detail here but the recent trend of ‘a-politicization’ of campus is not at all desirable, nor progressive. Law Colleges have remained the cradle of student politics in the country. I would love to see more active, creative and healthy political culture in campuses and Law Colleges should be there to lead the student politics.

2- The cream of law graduates always go for Government jobs (Executive) or other Corporate jobs. A few sticks on to litigation practice. What all can be done to make litigation practice more attractive?

Dr. Mathew: This is one of the grave issues that the legal fraternity of this country is going to face in the near future. There is a huge dearth of quality lawyers and judicial officers. This is gradually reflecting in the entire legal system as well. Many critics identify this as the deterioration of legal system. However, the entire legal fraternity has failed in guiding the new generation in the right direction. I would suggest internships for court practice for not less than 6 months part of the curriculum itself. There shall also be endeavours to ensure that students are paid minimum stipends during the period. This will give an exposure to litigation practice and will also inspire and motivate students to join Bar.

3- There is a demand for 'financial aid' for fresh law graduates. Dont you think this would attract a pool of young blood into 'Bar'?

Dr. Mathew: Financial aid itself will not be a panacea. It requires systematic efforts to attract a pool of young blood into the Bar.

4- We are proud of the fact that you were able to establish yourself as a successful lawyer at the apex court. From the angle of a law graduate from Kerala, Supreme Court practice is a distant star.  Is SC practice really a difficult task?

Dr. Mathew: Not at all. Anyone who is focused and consistent in his efforts can establish himself.  Patience in career and a thorough understanding of the pattern of practice will be helpful.


5- Law students and young law graduates file Public Interest Litigations on some issues, which prima facie do not have any 'public interest', and generally courts do not entertain those. Do you think majority of PILs are now filed for publicity sake?

Dr. Mathew: PILs are considered as a jurisprudential breakthrough in our legal system. They are often grossly misused for private interests, but still they are relevant and play a vital role in awakening the conscience of the society.


6- Recent surveys amongst law students all over India gave result that they are not at all happy with the standard of their tutors. As an academic, how do you react to this?

Dr. Mathew: There is a grave depletion of quality in legal education. It is imperative to address this by improving the quality of legal academia.

7- National Law Schools were started with an aim to impart Harvard style education in India. Recently former NLSIU Vice Chancellor Prof. Mohan Gopal opinioned that NLS must be disbanded. Do you think National Law Schools are losing standard year after year?

Dr. Mathew: It is sad that our National Law Schools are not able to deliver the quality of standards expected.

8- How can Government Law Colleges rise up to the expected standard and become centers of dialogue and research in important legal, policy matters?

Dr. Mathew: It needs concerted efforts and political will to improve the academic culture of Law Colleges.


9- Is Kerala a fertile land for research oriented study?

Dr. Mathew: I don’t think the enthusiasm of a researcher should be based on external circumstances. However, we need to have more quality resources and infrastructure.

10- How far post-graduation and doctoral studies at JNU different from other law colleges in the country?

Dr. Mathew: JNU has a distinct academic, political and social culture which influences the teaching and research. The standards are very high which requires everyone to deliver their best.

11- Did your strong academic background helped you to climb ladders in the party and establish yourself as a national level think tank?

Dr. Mathew: I don’t think academic background alone has helped me. But it has definitely influenced my perspectives on various issues and in articulating it within the organization.


12- What is advice to students and young law graduates intending to do legal research?

Dr. Mathew: I suggest genuine research aptitude, identifying areas of interest, having strong academic foundation and wide reading as pre-requisites.

13- What is your advice to Law Students?

Dr. Mathew: Have confidence and be aware of your social responsibilities. There is no dearth of opportunities and know that sky is the limit..

(Originally published at http://glctvpmlaw.blogspot.in/2013/02/i-would-love-to-see-more-active.html)

Gourav Vijay no more

Gourav Vijay

By Nebil Nizar


Thiruvalla: Taking into grief the students and faculty of Government Law College Thiruvananthapuram, Gourav Vijay, a final year student passed away.

A very good mooter and bright academic student, Gourav, along with poetry, was also active in Politics. Being a very acceptable and friendly person, he represented his class in the College Union last year.

 'He was an excellent friend and a good human being. Our friendship was no more than acquaintanceship until a few months back, we then became thick friends.No person can ever forget him', remembers his friend and classmate Hashir Sharaf. His friend and former roommate Rahul V.Iremembers him as a human with strong principles and ideologies. He added, I learnt a lot of things from him. He loved being addressed as comrade. His senior at college and close friend Raveena Naaz says, 'It is he who said to me that life is not that silly. I had a lot of good moments with him. His poems still linger in my ears.'

Gourav is the son of late Judicial Officer Vijayakumar and Komala Kumari, now a court officer. He also has a brother named Vivek Kumar. He is also a close relative of Prof. Suhrut  Kumar.

Gourav's body will be cremated on Thursday, 24th January 2013 at 03:00pm at Podiyadi near from here.

Condolence messages maybe sent to  Thundiyil House, Nedumpuram P.O, Thiruvalla, Pathanamthitta, Kerala. Prof. Suhrut Kumar may be contacted at 09446981571.



(Originally published at http://glctvpmlaw.blogspot.in/2013/01/gourav-vijay-no-more.html)