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)

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.



(Originally published at http://glctvpmlaw.blogspot.in/2012_08_01_archive.html)

What is happening in this country?

'The Indian Express' Newspaper
dated 04th April 2012

By Nebil Nizar

''The January night Raisina Hill was spooked: Two key Army units moved towards Delhi without notifying Govt''- This was the lead news in Indian Express Newspaper dated 04th of April 2012.

India woke up with Shock and Disbeleif. I asked myself 'What is happening in this country?'


I would like to take a time travel to 1968, i.e three years before the 1971 Bangladesh war which made him a national hero, Field Marshal Sam Manekshaw was suspected of planning a coup to topple the Indira Gandhi-led government. Sam Manekshaw: "Mrs Gandhi called me to her office. She was very worried. 'Everybody says you are taking over. When are you taking over', she asked,"

Prime Minister Indira Gandhi with General SHFJ Manekshaw

''My daughter when she comes from convent sings the nursery rhyme, 'you mind your business, I mind mine. You kiss your own sweetheart, I kiss mine'. I do not interfere with politics and politicians," Manikshaw told Gandhi during the meeting. This was disclosed by none other than Field Marshal Sam Manekshaw  in an address at an IGNOU convocation. 
General Manekshaw also asked Mrs. Gandhi not to let the people and the country start thinking that he was going to do the same what General Yahya Khan had done with Pakistan. 


Indian Army is daily in news these days, but for the wrong reasons. Army Chief age issue. Followed by the news that Home Ministry has turned down the Army Headquarters’ recommendation (subsequent to the events of January 16/17) to appoint Lt Gen. Choudhary as D-G Assam Rifles, the paramilitary force it controls. A.K Antony's Office bugged by Army. Then comes, Army Chief's Bribery allegation in Tatra Truck deal. Then, Confidential letter written by General Vijay Kumar Singh to Prime Minister Manmohan Singh is out. Last to this line is news of a troop movement. 

On 02nd March news flashed ''Antony's office 'bugged', Defense Ministry orders probe''. On 05th March 2012, fog started to disappear, cat was finally out of the bag, Army understood the person behind this salacious and malafide stories, Lt. Gen (Rtd) Tejinder Singh, ex Director General of Defense Intelligence Agency. 

Prime Minister Dr. Manmohan Singh
with the three Service Chiefs. Photo:PTI 

On March 26 2012, The Hindu reported 'I was offered a bribe of Rs. 14 crore, says Army Chief'.  While making a statement on the bribe allegation in the Rajya Sabha on March 27 2012, Antony named Lt Gen (Retd) Tejinder Singh as the person who offered General VK Singh a bribe of Rs 14 crore for clearing the purchase of sub-standard vehicles.

Who is Lt. Gen.(Rtd) Tejinder Singh? Lt. Gen.(Rtd) Tejinder Singh was the ex Director General of Defense Intelligence Agency.and who has been earlier questioned on the purchase of the 'Of the air Monitoring System', without sanction by the technically empowered committee. This officer has also been an allottee in the controversial Adarsh Housing Society in Mumbai. Writing in The Sunday Guardian, Madhav Nalapat claims, citing unidentified sources, that Lt. Gen. Tejinder Singh, who stands accused of fronting for Tatra and offering Gen. V.K Singh a bribe, is connected to at least one upcoming politician. Tejinder Singh, he writes, “operates in tandem” with a retired Major and his son, “both of whom are well-known” to Home Minister P Chidambaram’s son Karthi Chidambaram. Subramanian Swamy too has pointed to connections between the “triumvirate” of Tejinder Singh, the retired Major, and Karthi Chidambaram. 

Supreme Commander of Armed Forces Smt. Prathiba
Devisingh Patil pays her respect at Amar Jawan
Jyothi along with the three Service Chiefs. Photo: AFP

A.K Antony is known for his honesty and integrity. When the news of a scam in Defense hit the headlines, Shri Prakash Karat, General Secretary of CPI (M), called a Press Conference, he made it very clear that something is rotten in the state of Denmark but he do not think that Antony will take money, that is the trust of an opposition leader in Antony. A.K Antony may not be a good administrator but you cannot call him Corrupt. A.K Antony when he assumed office as Defence Minister warned of strict action against corruption in defense. He also assured zero tolerance to corruption in defence contracts. 

When I spoke with J Gopikrishnan (Man who exposed 1.76 Lakh Crore- 2G Spectrum scam) about Army Chief age issue, he said that General Singh, who heads the world's second largest standing army is a man of Honesty and Integrity. He added that he strongly suspect Arms mafia behind the controversy going on.  Senior defence officers, including former Chief of Naval Staff, Admiral Vishnu Bhagwat, thinks that the Chief of Army Staff was the target of a politicians-arms dealers nexus. 


Manufactured and planted stories are having a single agenda: ''Remove Defense Minister A.K Antony and Army Chief General Vijay Kumar Singh from their respective seats. I do not need to say WHY. Everything is clear from the above paragraphs. The Great Indian Circus will get over the moment both of them quit.''

High Voltage drama continues...

(Nebil Nizar is a student at Government Law College Thiruvananthapuram, University of Kerala)

Why I defend Barkha Dutt

By Nebil Nizar

Barkha Dutt is one of the most celebrated journalist in this country. As she said: ‘In 16years, no one has raised a question about my integrity’. Suddenly one day her clear image was shattered with the release of 2G scam tapes by ‘Outlook’ and ‘Open’. Let us keep this intro to a side and go on to some facts regarding lobbying-

The practice of lobbying is not new and neither is the use of the word ‘lobbying’. One version is that it began during the decade when US President Ulysses S Grant used to walk from the White House to the Willard hotel ‘lobby’ to meet people who wanted to have a say in presidential matters. So was born the term ‘lobbyists’[1].

When Obama won, the common joke in the Unites States was that ‘all channels declared Obama as the President at 11 in the night, MSNBC declared him the winner six months back’. That’s representative of how MSNBC lobbied to make Obama the US President.

The legal lobbying industry in the United Kingdom is estimated to be worth $1.9 billion, employing over 14,000 people.

In the US and UK elections, newspapers rally behind individual parties till the very end- openly. And it’s not because the party owns the media house. Also individual journalists lobby depending on their convictions. Whether they are right or wrong is a totally different story- and that’s why different media houses exist, so that the public gets both sides of the story. 

Sudan, famous for genocide has spent $530000 to create an image that it was co-operating on the war on terrorism.

India paid about $2.5 million to the famous lobbying firm ‘BGR’ and $291,665 to ‘Patton Boggs’ for influencing the Nuclear Deal[2]. 

The Indian media is still shy to use the word ‘lobby’. Lobbying in India today is a dirty word. Advocacy will remain a critical aspect of policymaking. Such a practice is here to stay, call it by whatever name you like[3].

The transcripts released by ‘Outlook’ and ‘Open’ carries a subtitle that they do not authenticate the transcripts or tapes. Tapings are meant to facilitate detection and prosecution of crime and not to damage the reputation of innocent persons. 

Barkha Dutt has never ever used her official capacity of Group Editor, NDTV to brokerage a ministerial berth for Dr. A Raja. She has also challenged her critics to prove any personal quid pro quo.

Manu Joseph says that Barkha Dutt knew during the course of her conversation that Niira Radia, Corporate PR Person was brokering for DMK. In addition, Manu Joseph calls it the greatest story of the decade. I do not understand what is the big issue in that. It is common in Indian Politics. I mean ‘lobbying’. Moreover, no one knows Niira at that point of time. And can you say what will Barkha Say: ‘Corporate PR brokering for Raja!’ ?  Who will believe it?. ‘What is the proof?’, ‘Why is Niira doing so?’, these would have been the questions asked back at Barkha. Niira would have then filed a defamation petition against Barkha. 

There was also a Supreme Court advisory against making Private conversations Public. I am extremely sorry to say that I do not find any excuse in making those public. Telephone intercepts are like double-edged swords. One can get valuable information regarding lawbreakers from them as well as they lend themselves to be easily manipulated to damage innocent reputations.[4]. 

The question that is haunting me is the intention of releasing tapes selectively. There are more than 5000 conversation tapped by Income Tax(I-T) department  and out of which only 104 were published by the Media. What happened to the rest of the other tapes? Who gave those tapes to the media?

The Common man and media cannot keep a thing in memory for long. The strategy of creating an issue and diverting the real issue is not new. The Tapes have diverted attention from the real scam i.e 2G Spectrum Scam and the media is now busy discussing ‘Radia Gate’. 

I think the only person who is crying now is J. Gopikrishnan, Special Correspondent, ‘Pioneer’. He was the one who cracked  the 2G Spectrum Scam in 2008. Only in 2010, the Mainstream media and opposition parties took up that issue. Now another strategy to divert the attention from the real issue.

The high voltage drama Continues…

(The writer is a student at Government Law College Thiruvananthapuram, University of Kerala)

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[1] ‘Move it to the Main Hall’ by Shivnath Thukral. ‘Outlook’, December 6. 2010

[2] ‘It’s totally ethical of media houses and journalists to lobby’ by Arindam Chaudhuri. TSI, December 6-12

[3] ‘Move it to the Main Hall’ by Shivnath Thukral. ‘Outlook’, December 6. 2010

[4] B.Raman, 'It's Dangerous to defend Barkha Dutt' by B.Raman. December 6, 2010 on www.ramanstrategicanalysis.blogspot.com