Excavate

'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!'

2013-10-05T19:45:00.001+05:30

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)

Law College Professor awarded Ph.D

2013-09-29T13:44:00.000+05:30

Money Veena (L) with her guide Dr. Sunny (R).
Photo Courtesy: Dr. Sunny

By Nebil Nizar

Thiruvananthapuram: Assistant Professor in Law at Government Law College Thiruvananthapuram, Money Veena V.R, has been awarded with Doctorate of Philosophy in Law by University of Kerala.

Her thesis titled 'Deficiency in Banking Service under the Consumer Protection Act 1986' was completed under the guidance of Dr. K.C Sunny, Professor and Head of Department, Law, University of Kerala.

'An exclusive legislation to deal with Banking Service deficiency is needed in the country', she said in her thesis. Speaking to our blog, she said that she owes her gratitude to her guide, Parents, Husband and children for supporting her every moment.

Money Veena V.R.
Photo Courtesy: Dr. Sunny

Money Veena did her Bachelors of Law from Kerala Law Academy Law College and Masters in Law from Department of Law, University of Kerala. She is married to Kiran Shankar, law officer at Law Department, Government of Kerala.

(Originally published at http://glctvpmlaw.blogspot.in/2013/09/law-college-professor-conferred-phd.html)

Loudspeaker: Is Law the villain in rape cases?

2013-06-24T13:41:00.000+05:30

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 General Secretarysay ‘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. Sensitisation 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'

2013-03-23T13:01:00.000+05:30

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 and Reju Prasad. 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.

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

'Women ought to join judiciary'

2013-03-14T13:39:00.000+05:30

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

2013-02-15T13:36:00.000+05:30

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'

2013-02-14T12:58:00.000+05:30

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’

2013-02-13T12:54:00.000+05:30

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'

2013-02-02T12:52:00.000+05:30

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

2013-01-24T13:28:00.000+05:30

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

2013-01-14T13:26:00.000+05:30

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, Prosecutor, 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)

Post Retirement job mania

2013-01-09T13:04:00.000+05:30

Photo: http://www.dailymail.co.uk

By Nebil Nizar

The Indian Express news story dated July 30, 2012 exposed a shocking fact, out of 21 Judges retired from the Supreme Court since January 2008, 18 are granted post retirement jobs by government. In many cases, judges accepted post-retirement appointments much before they formally demitted office.

Photo: http://www.dailymail.co.uk

Dr. B.R Ambedkar spoke the following words in Constituent Assembly: ‘There is no difference of opinion in the House that our Judiciary must be both independent of the executive and must also be competent in itself. And the question is how these objects can be secured’. The primary talk on the independence of Judiciary is based on the doctrine of separation of powers.

Judiciary acts as a watchdog by ensuring that the other two organs of the Government function within the limits set by the Constitution of India. If the Judiciary is not independent then the other organs will pressurize the Judiciary to interpret the constitution according to them. It is also expected out of Judiciary to deliver judicial justice and not committed justice.

At present, the Constitution provides a lot of provisions for the independence of Judiciary. Art 124(2) and Art 217 (1) speaks about the retirement ages of Supreme Court and High Court Judges, respectively. They can be removed from the office only by an Impeachment in the Parliament on the grounds of proven misbehavior or incapacity. Art 121 and Art 211 speaks about the restriction to speak on the conduct of a Judge of Supreme Court or High Court on the floor of Parliament and state legislature, respectively. Art 129 and Art 215 deals with contempt power of Supreme Court and High Court, respectively.

In the recent times, reports of billion dollar worth scams are coming out. Let us take 2G Spectrum scam for example, 1.76 lakh crore is the estimated loss by Comptroller and Auditor General of India. The then Union Cabinet Minister and many senior bureaucrats are now in Jail. The media and section of society is accusing another serving Cabinet minister in the fraud. Maybe he is innocent. A basic postulate of the rule of law is that ‘justice should not only be done but it must also seen to be done’. Can Justice be ‘seen to be done’ if the same Judge who gave clean chit to this minister is tomorrow accepting a post retirement benefit from the Government?

If a tendency to appease the government arises, then the entire Justice system would collapse. It will surely undermine ‘public confidence’ in the administration of justice.

Photo: http://www.dailymail.co.uk

The four options in front of us to solve this issue are (i) Appoint Judges for Life as like in the United States. (ii) Retirement age shall be increased to 70 for both High Court and Supreme Court Judges. (iii) Name of the Judge for post-retirement jobs should be suggested by a Panel headed by Chief Justice of Supreme Court/ High Court with Law Minister, Opposition leaders as members. (iv)125th Report of Law Commission of India speaks about introducing shift system in Courts and re-employing retired Judges. This may also be considered.

The gravity of the situation is so heavy that the ‘academia’ must urgently moot this and find a solution for the same and forward it to all the three branches of government.

(Originally published at http://glctvpmlaw.blogspot.in/2013/01/post-retirement-job-mania.html)

News Stories- Castration as punishment

2013-01-03T13:23:00.000+05:30

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)

'Modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.'

2012-12-29T12:44:00.000+05:30

Dr. Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: The Hindu

V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India. Prior to his elevation to the Bench, he was a Minister in the State of Kerala in charge of Home, Law etc. He has authored over 70 books and was conferred with Padma Vibhushan in the year 1999.

Given below is his email interview with Nebil Nizar.

1. Whether our streets are safe for women?

V.R Krishna Iyer: Our streets as on today are far from safe for women from molestation and violence.

2. Do you agree with me if I say indecent self exposing dressing is the root cause of attack on women?

V.R Krishna Iyer: I agree that the modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation. A more sober style of dressing will reduce the temptation for molestation.

3. Do you believe that death sentence can stop this menace?

V.R Krishna Iyer: No. I have explained this position earlier. A legal murder in the shape of sentence will not abolish rape. It is my view.

4. How to deal with the victims?

V.R Krishna Iyer: An effective victimology by which women in lonely situation can be defended. There must be an obligation for the state to provide police men in social situations where opportunities for molestation are likely to be exploited.

5. How to deal with the offendors?

V.R Krishna Iyer: The police women must be more in numbers. They must be armed adequately and must appear in social situations where molestation and terrorism can occur without being caught. In such cases liberal presence of police personnel will reduce offences against women. In all cases where men are found guilty they should be subjected to castration or other physique processes reducing the temptation to violate womanhood.

6. Congress prepared a draft Bill which proposes 30 years imprisonment and chemical castration in rare cases. How do you react to this?

V.R Krishna Iyer: My proposal is quite sufficient. Congress proposal is too severe.

7. Chemical Castration as an alternative punishment was mooted by Your Lordship for the first time in India in 1979, then you said willing castration is a better recepie for this hypersexed human than outright death. Are you now ready to change 'willing castration' to 'forceful castration'?

V.R Krishna Iyer: I am supporting ‘forceful castration’ as an extreme punishment.

8. Do you think castration would violate Art. 14 and 21 of the Constitution of India?

V.R Krishna Iyer: No, as a punishment it can be.

9. Historically, castration as a punishment for rape has been banned in most democracies in the world; do you think imposition of castration in India would lower the image of India Internationally?

V.R Krishna Iyer: No, this would not do so. It is an alternative to death sentence.

10. Does your prescription of castration change your thought from 'Reformative school of punishment' to 'Retributive School'?

V.R Krishna Iyer: No, it does not change.

11. How the cop must change their attitude?

V.R Krishna Iyer: The court must be more concerned not about barbarity in punishment but reforming the criminal by a new system of education at schools and colleges, prisons and the professions. In such manner that sex desire will be wheeled away.

12. How the court must change their attitude?

V.R Krishna Iyer: The court should not focus on cruelty in sentencing but so psychically deal with the offending class as to minimize the inclination to violate the integrity of womanhood.

13. What changes must be brought about to criminal law in India?

V.R Krishna Iyer: The penal law and criminal procedure are so dilatory and slow-moving that it takes long for a horrendous crime like gang rape to reach the final sentencing stage. We must radicalize the whole process. There must be a mobile police team which if a sex terror incident is reported in a newspaper or otherwise, they should not wait for FIR or other formality but should proceed forthwith rush to the spot, trace the vehicle or suspect, arrest and investigate at once, go to the court with a charge sheet and prosecute the case before a special court with a specially trained advocate and judge and seek an instant trial with immediate notice to the accused, quick hearing and sentence. A quick offenses sex code must be enacted without permission or sanction or other delaying obstacles. Otherwise the police prove insensitive, courts adjourn, and witnesses don’t turn up. The court must go to where the scene or witnesses are and don’t wait—quick trial must be the mission. Operative urgent disposal of sex cases of course with fair trial requirements complied with without delay is the need of the hour.

(Originally published at http://glctvpmlaw.blogspot.in/2012/12/modern-system-of-young-women-dressed-in.html)

'Our jurisprudence is shaping up with each judgment, there is so much scope each day to carefully and critically compile, analyse and decipher the underlying ideologies and values.'

2012-12-21T12:41:00.000+05:30

Ms. Garima Tiwari is a Co-founder and author at A Contrario project. She has been recently awarded the 2012 Justice Makers Fellowship with the International Bridges to Justice . She holds an LL.M in International Crime and Justice from University of Torino/United Nations Interregional Crime and Justice Research Institute (Turin, Italy) and is a graduate from National Law Institute University, Bhopal. She worked at the National Judicial Academy ,Bhopal as a Law Associate. She also worked as a Senior Researcher with Lexidale -Foreign Law and Regulation Analysis. Editor for Lex Warrier - Online Law Journal.

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

1. How do you describe A CONTRARIO to other people?

Garima Tiwari: A CONTRARIO is a research group devoted to issues in international crime and justice. Since its inception, A CONTRARIO seeks to inspire discourse and literature on various subjects related to international crime and justice, in addition to fostering relationships with and engaging the virtual world.

The main aim of the group is to provide insights to the readers on international and transnational crimes such as war crimes, crimes against humanity, genocide, crime of aggression, organized crime and terrorism, and to get them thinking about these issues in different ways.

2. From where did you get the idea of A Contrario ICL?

Garima Tiwari: A CONTRARIO was born out of the notion that law and its evolutionary norms should be accessible to all people. We are a team of people who are dedicated to wanting inspire a global discussion on these matters so that everyone can contribute to international law as it is dynamic and changing. In addition, publishing short works of scholarship allows people who may not have access to legal databases on these subjects to find additional sources, in addition, to seeing how one person frames an issue.

Nowadays open access in legal education is growing yet people are less aware about international issues as most journals have paid access, therefore, our team came up with this idea to make knowledge about international issues openly accessible, without any handicap of finances or resources.

3. Is Geography a hindrance?

Garima Tiwari: Our research group is not limited by geography. We are able to have discussions which cut across boundaries, thereby allowing for exchange of rich and multi-faceted discourse. The blog has never sided one opinion, and you will find diverse views on each topic. This definitely, provides for continuous enrichment of the subject. It is the joint effort of our wonderful team of authors from diverse backgrounds which includes Mr. Jan Guardian (Belarus), Ms.Regina Paulose (USA), Mr.Ronald Rogo (Kenya) and Ms. Lina Laurinaviciute (Lithuania)- that keeps the motivation running.

4. What are your activities at A Contrario ICL? I have heard about theme based writings, can you explain this to our readers?

Garima Tiwari: Our writings are topic based legal oeuvre which means that once a month a topic is chosen and the authors along with guest authors write on the topic. This allows for the authors to become diverse writers on various areas of international law, and also prevents repetitive blog posts.

A CONTRARIO has expanded within the last two months to a FACEBOOK page which allows people from all over the world, who may not have legal training, to participate and learn about international issues. In addition, next month we are launching the A CONTRARIO Debate Project which invites debate teams who are interested to choose a topic and debate on the issue, allowing for a worldwide audience to learn and get engaged in international topics. This project will be hosted on our YouTube site.

5. Do you think your articles would make a difference to the system?

Garima Tiwari: All writing makes a difference to the system. You never know who and when your message will impact someone. Our goal is to inspire and educate people of all backgrounds to do something - for their communities and for the world.

International Criminal Law to be specific has not been debated much in India. We do hear trafficking, terrorism and sometimes piracy, but we refrain from going into the genesis of these problems and the legal arrangements guiding them. Clarity on different international crimes, the situations world over and their impact on India deserves our attention. We need to learn from these concepts which are gaining international acceptance and apply them as acceptable to system. This would definitely need research and analysis.

6. Do you agree with me if I say, corporate owned portals charging exhorbitant rate slowed the transmission of legal knowledge, research and argument considerably?

Garima Tiwari: Yes, I do agree with this to some extent. When the portals add their charges to the materials, it gets difficult for students to access the same and thereby, leads to research and arguments based on what is freely available. But this should not limit the quality of our work. There are good libraries, in most cities which have most of the requisite books and journals. Most law colleges are well equipped, and law students can access these. They also have subscriptions to most legal research sites. We do not have to become the slaves of online publishing sources.

7. Is India a fertile land for research oriented study?

Garima Tiwari: I would say yes, India is a fertile land for research oriented study, there is always so much happening. We are yet to realise that the way our jurisprudence is shaping up with each judgment, there is so much scope each day to carefully and critically compile, analyse and decipher the underlying ideologies and values. True that the legal research has not made much headway in India even in comparison with other social science researches and that legal researchers have always struggled to explain the nature of their activities to colleagues in other disciplines. I would say that the need for research comes from the very fact that it is avoided. Law is one subject where there is scope for multiple interpretations. It is hard work and it involves thinking. This is precisely why an initiative like A CONTRARIO comes handy. The more we get to share each others’ experience, the greater we develop our own erudition on that particular issue.

I think most of us can read the bare Act and find supporting precedent. That is one form of research all law students do. Then there are comparative law researches, empirical and inter-disciplinary researches. They form a more critical and journalistic tone of legal research. Currently, legal research in India is grossly suffering from plagiarism and stagnation. It is mostly superfluous. It is taken seriously, only when it pays. Well that’s practicality. Research in law has still not taken a shape of a career option. Most research is simply a view of another author –sometimes presented in one’s own words –and mostly, simply picked up. So it is more of mechanical jugglery of words than voicing of original thoughts. On top of it, since copyright is not taken seriously, there is lack of attribution as well. Ofcourse, this does not mean that there are simply no good researchers. There are many excellent authors with original thoughts –diverging or culminating into the legal literature in some way.

8. Whether attitude or aptitude is required for a researcher?

Garima Tiwari: Abigail Adams rightly said, ‘Learning is not attained by chance, it must be sought for with ardor and attended to with diligence.’

Honesty, perseverance, curiosity, diligence, knowledge, attitude of never giving up and good communication skills are some of the attributes of a good researcher. A serious research can often be tedious, here patience comes handy. Before a researcher goes into critical in-depth analysis on a subject, he first needs to develop reading and observation skills. A simple incident around you should be able to agitate the mind, to search for its details. Legal research as a mechanical process devoid of analysis is not productive in the long run. The ‘cut-copy-paste’ attitude that is adopted simply stagnates the thought process. It is important for us to understand that legal research is not simply putting down a collection of sentences from different sources or mere data collection. It involves an exercise in reasoning being conscious to what is accepted and rejected in the field, and then at the subconscious level to cull out a new argument in logic. A good researcher would not be able to resist sharing his/her work and experiences.

Today, we have lots of tools for conducting legal research than our predecessors; even then we cannot rate our scholarship at par with their work. Computers and internet have put us under a close scrutiny to be regularly updated. The key to effective research is developing a research strategy, and following good research methodology. The more familiar you are with the resources available, the faster you can develop your strategy, and the more effective it will be.

9. What is your advice to those interested in legal research?

Garima Tiwari: “Research is to see what everybody else has seen and to think what nobody else has thought”. This quote by the famous Nobel Prize winner Albert Szent-Gyorgyi –sums the purpose of any research.

Anyone interested in legal research, needs to develop his reading skills and start writing –beginning from now. The goal should be to be a voracious reader. The more you read the more expressive you will become. Be curious. Just pick up a topic and write.

A good researcher is not just born overnight. Be ready with your diligence and patience. For jobs in legal research, you need to show you can write on varied subjects with precision and ease. A dishonest careless research is dangerous. For a more critical type of research, be ready for criticism. Not everyone will be happy with what you come up. Accept criticism as you accept praise. Learn what you can from it, and keep reading, thinking, writing and re-thinking. You surely will have lots of space and autonomy to develop your ideas. There is immense opportunity to travel and be part of amazing discourses. Good research pays well, not just monetarily but the level of contentment achievement after a good research is unmatchable. Intuitively your faculties develop fathomlessly which you may not realize at present, yet some years down the line you tend to understand how priceless such exercises were. So if you love writing and ofcourse, love pushing your brain to limits – jump in!

(Originally published at http://glctvpmlaw.blogspot.in/2012/12/our-jurisprudence-is-shaping-up-with.html)

'He /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy.'

2012-12-08T12:37:00.000+05:30

V.R Rajiven

Shri. V.R Rajiven is a 1977 Batch Kerala Cadre Indian Police Service Officer who retired in 2010 as Director General of Police. As an I.P.S officer, he worked in various capacities throughout the state. Awarded thePresident's medal for Meritorious Service during the year 1998, and Highest Police Honor of President's Medal for Distinguished Service in 2006.

Prior to his law enforcement career, practiced as a lawyer at High Court of Kerala with Senior Counsel and later Judge Shri. Bhaskaran Nambiar.

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

1. How Law Students can positively engage in nation building and make a difference ?

V.R Rajiven: The work of Nation-building has to be undertaken by each and every member of the society - especially youngsters from all walks of life. There is no special role for law students compared with others in this matter. However, I feel that there are certain areas which can be better served by Law students who get opportunities to study concepts of International Human Rights, Democracy, Rule of law, Constitutionalism, Self-determination, civil society, gender justice and minority rights, and the role these factors play, individually and in combination, in creating and maintaining an emergent society that respects international human rights. Law students can also act as catalytic agents in anti corruption and civil rights movements, and in the emancipation of the oppressed which will definitely make a difference in the society. But I feel that these things can be done after the completion of studies and it is better for students to concentrate on their studies rather than think and worry about concepts like nation building and get confused during their college days.

2. When did you start preparations for Civil Services Exam ?

V.R Rajiven: Once you have decided to appear in the Civil Services Exam, preparations should start early. No time frame can be fixed for starting the preparations. Preferably your preparations should start from your school days once you have decided about your final destination. Read news papers and periodicals daily to increase your general knowledge and be updated about current affairs and happenings around you. You have to develop the habit of reading news papers and periodicals from your school days and subject wise preparations can start preferably after graduation or may be from the 3rd year of LL. B course. As far as I am concerned, my serious preparations for the Civil Services Main Exam started after I joined the 3 year LL.B course. One common misconception about the preliminary is that it is a test of facts and figures. A candidate should have the right frame of mind and the will power to succeed in the exam. A proper action plan is needed for the preparation itself since he /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy. All this requires a quick decision making power. There is stress on language skills and analysis and decision making capacities. These are skills that are developed over years and not just in a few months. It would be advisable to start focusing on your problem solving and language skills as soon as you complete your +2 course. Your aim should be to develop an analytical mind and should have basic knowledge of the world around you . Try to sharpen your skills by participating in Debates, Elocution competitions, moot courts etc.

3. How should a student of Law study if he is aiming for Civil Service Exam?

V.R Rajiven: One should choose the subjects he intends to take for the Civil Services Main Exam and concentrate more on those subjects. Where ever possible, give preference to Law subjects as you can study them along with your LL.B subjects’. Considering the fact that the time between the Main Exam and the declaration of result of the Preliminary Exam is very less, it is advisable to begin preparations of the Main Exam along with the Preliminary Exam. The choice of optional subject for Paper-II has to be done very carefully. The optional subject for Paper-II should usually be the subject in which the candidate has either attained proficiency/higher academic qualification or in which the candidate feels at home. Even if your branch of study is different, it is advisable to keep in touch with one of these subjects which will help you when you start preparations. Start collecting books and readings once you have made your choice. While studying for the optional subjects, remember that there is no scope for selective studies in the Civil Services Examination. The whole syllabus must be completely and thoroughly covered. If you choose subjects in which you do not have a basic grounding, start from simple books. After getting the grasp of the basic concepts, start with higher level study material.

4. It is a frequently asked question by Law students whether LL.M or Civil Service preparation must be undertaken first. What do you think?

V.R Rajiven: There is no need to give preference to one exam over the other. In any case, don’t presume that LL.B degree will not give you the required proficiency to tackle the Civil Services Exam. I pursued my LL.M course along with my Civil Services Exam preparations. I found it quite useful since I had taken mainly Law subjects for my Civil Services Main Examination and was also able to make maximum use of the college library, and I appeared for the Civil Services Exam before completing the LL.M course. If you start your preparations for the Civil Services Examination after you finish LL.M, you will waste another 2 or 3 years and will join the Service rather very late and joining the Service at an early date has its advantages.

5. Do you think that serving the Corporate Sector would instill professionalism in a young man ?

File Photo

V.R Rajiven: The requirement and specialization will differ from corporate to corporate. With increase in the corporate sector, the demands for the related services have increased and this has led to tremendous change in the techniques of the respective services. So serving in corporate sector alone may not guarantee instillation of professionalism in a young man. If you look around you can find any number of MBA graduates just performing clerical jobs in the Corporate Sector. What is important is the level at which you enter the Corporate Sector and the type of work assigned to you. Whether you are working in Govt: Sector or Corporate Sector, developing professionalism will depend on your attitude and your business ethos. It may also be noted that there is great demand for retired Bureaucrats in the corporate sector and this is mainly because of the professionalism they have achieved while working in the Govt: Sector. While working as a civil servant you deal with complex issues on a day to day basis and the professional skills you earn can easily match or even excel the professional skills of a corporate executive.

6. It is seen that persons learned in law engage in many jobs without any professional training and succeeds in that, may be journalism, politics etc. Do you think LL.B moulds a teen into a man?

V.R Rajiven: Probably, knowledge of Law will come to the help of Law graduates in many fields and they may do better than others in a god no: of jobs. But at the same time we have to admit the fact that proper professional training is required to sharpen the skills, techniques and knowledge acquired by a law graduates to deal with specialised jobs since basically LL.B degree aims to mould the students as good lawyers. It cannot be said that you will perform better than others as a member of the Civil Service, a corporate executive ,a journalist or a politician simply because you possess a law degree. May be, you can avoid pitfalls in the particular profession as you know the rules and regulations better than others once you acquire a law degree. At same time we have to remember that so many other vital factors other than knowledge of law are essential to excel in the professional arena.

7. Did your study of law help you in any way when you successfully discharged your duties as a law enforcement officer?

V.R Rajiven: From your question itself the answer is quite obvious. As a police officer I had to enforce Law, and knowledge of law was of great help. Among the various Services, I feel that IPS is the one where your knowledge of law will come to your aid throughout your career. Once you enter the IPS, from day one you start dealing with IPC, CrPC, Evidence Act, etc and a plethora of other Central and state Acts and Rules. On a day to day basis you will have to deal with prosecutors and court cases and your law back ground will be of great help.

8. What is your advice to Law students?

V.R Rajiven: The tenet of legal profession can never be considered financial gains alone. From the student days, a law student has to develop certain basic qualities like self esteem, humility, compassion, respect for law etc and should have definite ideas about his final destination - legal profession or elsewhere. Once the destination is finalised, he has to choose the right path to reach the place. As the study time available to him remains the same, he has to make proper adjustments and find time slots for additional items if he wants to pursue a Civil Services Career after LL.B. He should understand that to get into the Civil Services he has to compete with students from different disciplines and LL.B has no special edge over other courses. Keeping the above aspect in mind, you have to organise your studies. Rather than mugging up from guides, depend on standard text books and reference books and always be willing and eager to learn from others and your own experience.

(Originally published at http://glctvpmlaw.blogspot.in/2012/12/he-she-will-be-tested-for-some.html)

LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played.

2012-11-23T12:33:00.000+05:30

Shri. Prasanth Nair, is a 2007 Batch Kerala Cadre Indian Administrative Service officer, who is presently serving as Managing Director of Government owned KTDC Hotels and Resorts. He is an alumnus of Government Law College Thiruvananthapuram (2000-2005).
Given below is the transcript of his interview with Nebil Nizar.

1. How law students can positively engage in nation building and make a difference?

Prasanth Nair: In a single sentence, get educated and stop wasting time on frivolous things! Unless you value your time and value yourselves, leave nation building, even body building is a difficult task. What is lacking in most law students is primarily, humility and the ability to acknowledge others' knowledge. Arrogance and a closed mind cripples even the best minds. A modern India requires legal experts and practitioners who are open to ideas and changes, not those who are fossilized in time.

2. When did you start your preparations for Civil Services?

Prasanth Nair: I wanted to join the IAS when I was probably in the 10th or so. I must have started mentally preparing for it. Conscious syllabus based preparations were made after I joined GLC as 1st year student in the 5yr course.

3. How should a student of Law study if he is aiming for Civil Service Exam?

Prasanth Nair: Study the syllabus and the exam first. After he studies the exam, he can easily study for the exam. Take part in Moot Court competitions as that will help you sharpen your presentation skills, besides getting you attendance! In Government Law College Thiruvananthapuram, there are lots of things that are in your advantage while preparing for such an exam. Make most of it.

4. It is frequently asked question by law students whether LL.M or civil service preparation must be undertaken first. What do you think?

Prasanth Nair:I wonder why law students have such questions!

I prepared for Civil Service when I was doing my 4th year B.A.L, LL.B and I appeared for the IAS interview based on my B.A.L degree, an year before I completed my course. Let us not complicate things by thinking too much on what to do first. It is all about priority. If you want to prepare you can do it even while doing your graduation. If you are a doubting Thomas, even after your PhD, you'll think what next.

5. Do you think that serving the corporate sector would instill professionalism in a young man?

Prasanth Nair:Not necessarily. Many people without exposure to both government and private sector fall for this fad. Professionalism is a function of your mind and attitude, apart from sound training. The numerous reported instances of corporate corruption, mis-governance, insider trading, lobbying and even high profile cases of corruption related to purposeful skewing of Government policies show the dark side of corporate administration.

6. It is seen that persons learned in law engage in many jobs without any other professional training and succeeds in that, be it Business, Journalism, Politics etc. Do you think that a law degree moulds a teen into a man?

Prasanth Nair: LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played. The years spent in the Law College indeed gives a man or a woman the exposure of a life time to a wide cross section of the society.

7. Did your study of law helped you in any ways when you successfully discharged your duties as an officer of IAS?

Prasanth Nair: Of course. Administration is implementation of law and clear knowledge of law and the procedures is a great help. The initial appointment as Sub Divisional Magistrate was a chance for direct application of law and the legal process which I thoroughly enjoyed. Knowledge of law also empowers you. I honestly felt that it made me the most powerful SDM in Kerala at that time! Knowing law also helps one manouvre through the complex labyrinth of administration.

8. Do you think that legal education needs a change in India?

Prasanth Nair: Legal education and the profession needs to get a thorough shakeup in India. Coteries and families alone cannot dictate the terms of the profession any longer. Genuine talent and hard work should be rewarded promptly as is the case in western countries. Efficiency and delivery of results should become the goal of the justice machinery and education should also be attuned to that effect, instead of teaching tactics to delay cases. Often it is said that what is taught in the college has hardly any relevance in the Court of practice. More avenues for corporate lawyers is slowly weaning away the brighter elements amongst the law students from court practice. This is more so because the initial years are difficult. Probably ensuing competition from opening up of legal services under international obligations would bring justice to ordinary but talented legal practitioners. Both corporate as well as court practitioners. It could gradually change the focus of legal education to a more utilitarian and practical method.

9. What is your advice to law students?

Prasanth Nair: Though we study a lot on justice and fairness, nothing is more unfair as is the life of a law student after graduation- that is unless we make a definitive move. If one chooses to flow with the tide, you are not going to be taken anywhere in this profession. There are a whole lot of avenues waiting just for a capable law graduate. Whether one ends up as a Supreme Court Judge or as a small time practitioner in a lower Court or a clerical staff or a file pushing bureaucrat, let us remember that we take pride in saying that 'I studied law', as if we know all the law in this world. Not as an advice, but as a suggestion to my brethren in this field, may I reiterate the need for humility and inquisitiveness which alone can make one successful. For we always remain students of law and we can never rightfully claim that we studied law!

(Originally published at http://glctvpmlaw.blogspot.in/2012/11/llb-is-all-about-law-rules-of-game.html)

N Natarajan suspended

2012-11-12T13:18:00.000+05:30

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

2012-10-22T13:15:00.000+05:30

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

2012-09-29T13:12:00.000+05:30

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

2012-09-19T13:08:00.000+05:30

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

2012-08-17T12:31:00.000+05:30

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?

2012-04-05T02:56:00.048+05:30

'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

2011-01-06T18:55:00.007+05:30

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)

[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