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/)

'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)

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)

Prof. Rajesh Rajagopal passed away

Prof. Rajesh Rajagopal
Photo: Government Law College Ernakulam

By Nebil Nizar

Kollam: Celebrated teacher of Law at His Highness Maharajah's Government Law College Ernakulam, Prof. Rajesh Rajagopal, aged 42, passed away at his residence in Cochin on Sunday, 13th January 2013 following a cardiac arrest.

A native of Kollam, Professor Rajesh earned his undergraduate law degree from Kerala Law Academy Law College, University of Kerala, and LL.M in Criminal Law from Cochin University of Science and Technology, with Gold medal. 

Rajesh was a very active leftist thinker during his student days. He belonged to the early batch of mooters of the very prestigious Kerala Law Academy Moot Court Society.

He practiced Law at Kollam District Court for several years. His career as a Law teacher began at Government Law College Calicut. He was then transferred to Government Law College Thiruvananthapuram. His last posting was at Government Law College Ernakulam.

Prof. Manoj Krishna, his Professor, friend and later colleague, remembers Rajesh as a very good friend. He added 'Rajesh was a good teacher. His analytical skills were very popular and second to none. As a teacher, he went along with the students and supported them in every curricular and extra curricular activities. He was a real asset to the teaching fraternity.'.

Niaz Salim, Public Prosecutor of Indian Railways, remember their association at college days. He said 'Rajesh was my senior at college, but seniority in age never acted as a barrier to our friendship. We always stayed in constant touch all this years. He was a sincere, down to earth intellectual who always helped others in need'.

His former student at Government Law College Thiruvananthapuram, Parvathi Janaki, speaking to us said 'He played a huge role in shaping my career. I remember some valuable moments with him during moot court time. His contributions must be really appreciated. He was a real visionary and guru.'

Prof. Rajesh is the son of Dr.V.K Vijayalakshmi and late Advocate-Politician N. Rajagopal. He is survived by wife Bindu V (Engineer, BSNL) and son Arjun Rajagopal. Condolence messages may be sent to Dr. Vijayalakshmi, Lakshmi Nivas, Kankathumukku, Thirumullavaram P.O, Kollam- 691012, Kerala.



(Originally published at http://glctvpmlaw.blogspot.in/2013/01/prof-rajesh-rajagopal-no-more.html)

News Stories- Castration as punishment

News story about my interview with Dr. Justice (Rtd) V. R. Krishna Iyer carried by Oman based 'Oman Observer' in today's newspaper. 
See Page 5 at http://main.omanobserver.om/files/pdf/2013/1/3/OmanObserver_03-1-13.pdf

News story about my blog interview with Dr. Justice (Retd.) V. R. Krishna Iyer carried by UAE based media Giant 'Gulf Today' in their website.
Read at http://gulftoday.ae/portal/08bfb327-261e-4b9c-a416-f7018a27a1cf.aspx

(Full text of the interview may be accessed at http://www.nebilthinks.blogspot.in/2013/10/modern-system-of-young-women-dressed-in.html)

N Natarajan suspended

N Natarajan
Photo: Mathrubhumi

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

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

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

Natarajan was appointed as the Information Commissioner during the tenure of V S Achuthanandan as the Chief Minister of Kerala. Now when the controversy raked up, VS Achuthanandan expectedly disowned Natarajan. 

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

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


(Originally published at http://glctvpmlaw.blogspot.in/2012/11/n-natarajan-suspended.html)

Right to Service from November 1

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

By Nebil Nizar

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.


(Originally published at http://glctvpmlaw.blogspot.in/2012/10/right-to-service-from-november-1.html)

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

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^thSeptember 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.



(Originally published at http://glctvpmlaw.blogspot.in/2012/09/patriarch-retires.html)

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.


(Originally published at http://glctvpmlaw.blogspot.in/2012/09/homage-to-legal-maverick.html)