Wednesday 13 January 2016

MJN WP in SC against discrimination of Lawyers

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION NO.            OF 2015

IN THE MATTER OF 

Mathews J. Nedumpara

Adult, Indian Inhabitant,

residing at Harbour Heights, “W” Wing

12-F, 12th Floor, Sassoon Docks, 

Colaba, Mumbai-400 005.       …PETITIONER

1. The Union of India,

 represented by its Secretary,

 Department of Legal Affairs,

        Government of India, 

New Delhi- 110001.

2. The High Court of Judicature at Bombay,

 Dr. Kane Road, Fort,

 Mumbai-400 032,

 represented by its Registrar General.

3. The State of Maharashtra 

represented by its Chief Secretary,

Government of Maharashtra,

 Mantralaya, Mumbai-400 032.

4. The Chairman,

 Bar Council of India,

 New Delhi.

5. The President,

 Bombay Bar Association,

 High Court of Judicature at Bombay, 

Original Side, Room No. 57, 

3rd Floor, High Court Main Building,

 Mumbai 400 032.

6. The President,

 Advocates Association of Western India, 

High Court of Judicature at Bombay, 

Appellate Side, Room Nos.18 & 36, 

High Court Main Building,

Mumbai-400 032. 

7. Mr. Salman Khan,

 Age 49 Years, 

Occupation: Film Actor, 

111A, Galaxy Apartments, 

B.J. Road, Bandstand, 

Bandra (West), 

Mumbai-400 050     …RESPONDENTS

PETITION UNDER ARTICLE 32 OF THE 

CONSTITUTION OF INDIA SEEKING 

DECLARATION AND OTHER RELIEFS.

THE HON’BLE CHIEF JUSTICE AND 

HIS COMPANION JUSTICES OF THE 

HON’BLE SUPREME COURT OF INDIA 

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED 

MOST RESPECTFULLY SHEWETH 

1. The Petitioner is a citizen of India and is a lawyer by 

profession, principally practicing in the High Courts of 

Kerala, Bombay, Delhi and Punjab & Haryana and, to an 

extent, in the Supreme Court of India.  The legal status 

of the Respondents is manifest from the very cause title 

and, therefore, requires no elaboration.

2. The Petitioner is instituting the instant Writ Petition for 

enforcement of his fundamental rights to be treated 

equally, nay, to put in other words, to secure an end to 

the prevalent practice in all Courts in the country, the 

Supreme Court and High Courts in particular and more 

particularly in the High Court of Judicature at Bombay, 

of the preferential treatment given to the lawyers 

designated as Senior Advocates and the kith and kin of 

Judges and senior lawyers, who are afforded pre-

audience over the lawyers who hail from humble 

backgrounds, the first generation lawyers – the sons and 

daughters of taxi drivers, teachers et al.  The treatment 

meted out to the lawyers who represented the cause of 

Shri Salman Khan, Respondent No.7 herein, meant to be 

the last straw that broke the camel’s back in so far as 

the tolerance of the ordinary/common class of lawyers 

as opposed to the privileged ones, the upper class, 

which, in turn, means the discrimination to which the 

ordinary litigants represented by the ordinary lawyers 

are subjected to.  The Petitioner is a person aggrieved, 

for, he has always suffered such discrimination; he has 

always felt as unfairly treated in comparison to the 

privileged class of lawyers, the Senior Advocates, kith 

and kin of Judges, not to speak of the senior lawyers as 

a class.  The Petitioner thought of elaborating to this 

extent, lest he should be seen that the instant is a 

petition which falls under a jurisprudence called PIL 

which has been put to so much of abuse, it being 

lamented as a “ravenous wolf in sheep's clothing” by 

legendary Justice Krishna Iyer.  The Petitioner wants to 

make it expressly clear that the instant petition does not 

belong to that category; it is not a PIL.  PIL is where the 

person aggrieved, out of his poverty, ignorance and 

such other disadvantages, could not approach this 

Hon'ble Court himself and is allowed to be represented 

by someone else acting pro bono publico for vindication 

of his rights.  Here the Petitioner himself is instituting 

the Writ Petition under Article 32 of the Constitution.  

The issue which the Petitioner intends to highlight in the 

instant petition and the remedy which he hereby seeks 

maybe of great public concern, as well, but that does 

not alter the nature of this petition being a Writ Petition 

under Article 32 of the Constitution by the person 

aggrieved for the enforcement of his fundamental rights.

3. The Petitioner has nothing against Respondent No.7, the 

superstar.  He is neither a fan nor a foe of Respondent 

No.7.  However, the Petitioner has to make a reference 

about the privilege which Respondent No.7 would not 

have enjoyed had all lawyers are treated alike when the 

question of the priority in the matter of listing and 

hearing of criminal appeals which are pending before the 

High Court of Judicature at Bombay is concerned.  The 

Petitioner does not intend to speak a word about the 

actual merits of the case of Respondent No.7 as to 

whether he is innocent or guilty, whether the evidence 

was properly appreciated or not, whether the application 

of the law at the hands of the Hon'ble High Court which 

acquitted him was proper or not etc.  The only point 

which the Petitioner intends to highlight is his right to be 

treated equally, nay, not to be discriminated qua the 

privilege class of lawyers, those designated as Senior 

Advocates, and the kith and kin of Judges and senior 

lawyers.

4. The High Court of Judicature at Bombay maintains two 

cause lists, one the Daily Board and the other the 

Supplementary Board.  The Supplementary Board is 

heard in priority over the Daily Board.  While the Daily 

Board is prepared by the Registry based on whatever 

principle they follow, which the Petitioner is not in a 

position to comment upon, the Supplementary Board is 

prepared upon the express orders of the Court, upon a 

mentioning being made before it stating the urgency.  In 

principle, there is nothing wrong with the practice of a 

Supplementary Board being drawn up upon specific 

directions of the Court to hear matters which require 

emergent consideration.  But, in practice, it has meant 

two High Courts within a High Court, a High Court of the 

poor lawyers and litigants and another of the rich and 

upper class privileged lawyers, a class consisting of 

Senior Advocates, the kith and kin of Judges and senior 

lawyers.  On every working day at 11.00 a.m. the upper 

class lawyers come with a praecipe, put across the 

urgency of their case, probably in the Victorian English 

and accent, the praecipe is granted and based on such 

praecipes a Supplementary Board is prepared, which is 

heard in precedence over the Daily Board.  Very often, 

the whole day is consumed in the hearing of the 

Supplementary Board and the Daily Board is never taken 

up.  It is incorrect to say that there are only two classes 

of lawyers, the untouchable class of common lawyers 

and the upper class consisting of Senior Advocates and 

the kith and kin of Judges and senior lawyers.  In the 

upper class also there is a further division – the super 

elite, the highest of the high class and the high class.  

The super class lawyers, undoubtedly the designated 

Senior Advocates, the so-called legal luminaries and 

iconic figures, appear with other lawyers; they are given 

a royal treatment.  That is what had happened in the 

case of Respondent No.7; so too in many other VVIP 

cases, which make the common man believe that there 

are three justice delivery systems – one for the common 

man, yet another for the elite and still yet another for 

the super elite.  The social media is inundated with the 

common man showing its exasperation as to how the 

justice delivery system is allowed to be manipulated to 

soothe the interests of the super rich and the total 

neglect of the interest of the common man.  The 

Petitioner does not intend to go into that, except to say 

that so long as we remain as a democracy the justice 

delivery system cannot survive for long if the faith of the 

common man in it is allowed to be eroded.  The 

Petitioner needs only to quote legendary Justice Krishna 

Iyer who lamented way back in 1981 that ''One day the 

people of this country will rise and say that we don't 

want this magnificent red stone edifice on the Curzon 

Road (now “Bhagavan Das Road”) because it is seen to 

be counterproductive and in turn the High Courts".

5. Having stated at the very outset that the intention of the 

Petitioner is not to target respondent No.7, much less go 

into the correctness of the decision of acquitting him, 

and the primary purpose of the Petitioner being far 

noble and laudable, he wishes to point out that 

Respondent No.7 was, or, to put it differently, the 

lawyers representing him were, given preferential 

treatment all throughout.  The Petitioner does not wish 

to go into the details.  Preferential treatment was given 

to Shri Harish Salve when he appeared before Hon'ble 

Shri Justice A.M. Thipsay of the Bombay High Court 

when Respondent No.7 was granted bail on the very 

same day on which he was convicted by the Sessions 

Court.  Since the Petitioner does not wish to make any 

further reference to the perceived preferential manner in 

which the lawyer of Respondent No.7 was treated, he is 

not arraigning either Shri. Harish Salve or Hon'ble Shri 

Justice Thipsay as parties to this petition.  The focus 

here is far narrow and as simple as a man of less than 

ordinary intelligence can comprehend without any 

difficulty.

6 Criminal Appeal No.572/2015 preferred by Respondent 

No.7 in challenge of his conviction and sentence, which 

in the ordinary course would have taken a minimum of 

another 5 years, if not more, to be finally dispose of, 

was taken up, heard and allowed on 10/2/2015 in just  

220 days from the date of its institution.  There is a literal 

explosion in the social media of many a preferential 

treatment or favouritism which the common man 

perceives in the case of Respondent No.7.  Without 

uttering a word about the merits of the case of 

Respondent No.7, the Petitioner finds himself too small a 

province where there could be no two opinions.  The 

Petitioner wishes to elaborate the same a little further 

7. The 18 High Courts have as many as 52,921 criminal 

appeals pending across the country, and 657 criminal 

appeals in Bombay High Court itself,  the average time 

for such disposal of a criminal appeal span to around 13 

years, of which the said appeal was 572nd one of 2015 

being filed on 6 May 2015.  In vast majority of these 

cases, the accused persons are in jail.  It does not 

require much intelligence to conceive that appeals where 

the accused persons are in jail and that too for more 

than 5 or 10 or 15 years ought to be heard in priority 

over other cases where the accused, as the case of 

Respondent No.7, are on bail.  This principle, though so 

fundamental, is allowed to be violated day in and day 

out.  As aforesaid, the appeal of Respondent No.7 was 

instituted only on 6 May 2015; he was on bail; there 

was no great urgency for his case to be heard on 

priority, out of turn, but it was heard in priority over 

other cases in which the accused are in jail for several 

years.  Counsel for Respondent No.7 mentioned the 

matter before Hon'ble Shri Justice A.R. Joshi moving a 

praecipe, which was granted; the case was listed for 

hearing and the Hon'ble Judge recorded the matter as 

part-heard, with the result that even after change in the 

roster, Respondent No.7’s appeal remained with the 

same Judge who discharged the remaining Board for 22 

days and heard the counsel for Respondent No.7 for 

days and days and delivered the judgment on 

10/12/2015, just 10 days prior to his retirement on 20th 

December, 2015.  The Petitioner does not wish to cast 

any imputation on the Hon'ble Judge; so too the 

celebrated lawyers who represented Respondent No.7.  

The Petitioner does not harbour such thoughts even in 

his wildest of dreams.  The Petitioner is on a narrow 

realm that all litigants, no matter the litigant is poor or 

rich, powerful or super powerful, VIP or VVIP; so too the 

lawyers, whether he comes from a humble background 

or is one designated as a Senior Advocate or is son of a 

Judge or senior lawyer, should be treated equally.  The 

equality concept of the Constitution is one of its most 

inalienable, transcendental and primordial basic 

features.  Equality before law and equal protection of 

law is all pervasive, omnipresent, the very soul and 

quintessence of our Constitution.  However, that is often 

violated, sometimes nakedly, as is done in the case of 

Respondent No.7.

8. Ubi jus, ibi remedium – where there is a right there is a 

remedy – is a fundamental principle of law.  The fact 

that lawyers are treated unequally, as elaborated above, 

cannot be denied.  Ordinarily, the solution to such upper 

class and lower class within the community of lawyers 

ought to be found a solution at the hands of the 

legislature, particularly since Sections 16 and 23 of the 

Advocates Act, 1961 are primarily instrumental for such 

class/caste system which is in prevalence.  The solution, 

therefore, is repeal of Sections 16 and 23 of the 

Advocates Act or seek a declaration at the hands of this 

Hon'ble Court that the said Sections are void and 

unconstitutional.  In the instant case, therefore, as has 

been dealt with in the following paragraphs, such a 

remedy is sought for.  However, since the advent of the 

jurisdiction called PIL, which the Petitioner finds 

absolutely uncomfortable with, as has been stated in 

paragraph 2 supra, this Hon'ble Court, so too certain 

High Courts, has literally entered into the province of 

legislature and has been enacting laws in the purported 

exercise of the jurisdiction under Article 32 of the 

Constitution by recourse to a mechanism called PIL.  By 

Judges-2 and Judges-3 cases, a new system of 

appointment of Judges where the Judges appointed 

themselves was introduced.  Though the Parliament 

sought to bring in a new system of appointment of 

Judges where the civil society has participation, that was 

struck down and this Hon'ble Court embarked upon an 

exercise of improving the collegium system, which is 

nothing but an action in the domain of legislation.  The 

Petitioner does not accept or approve the judicial 

legislation as constitutional.  But his opinion is of little 

consequence.  The Petitioner, therefore, has to accept 

the fact that the Court can legislate and exercise even 

the constituent power of the Parliament to amend the 

Constitution.  If that be so, then this Hon'ble Court in 

exercise of its jurisdiction under Article 32 could bring 

into place a mechanism to deal with complaints against 

Judges, as in the instant case, giving preferential 

treatment to elitist lawyers and taking up the cases of 

celebrities in priority over those underprivileged and 

poor who are denied bail pending adjudication of their 

appeals, pending for several years.  As of now, there is 

no law under which a citizen or lawyer aggrieved of 

discriminatory treatment and issues of far more 

ramifications involving corruption and other malpractices 

could get redressal.  The Judicial Standards and 

Accountability Bill, 2012 is yet to see the light of the 

day.  All that is in existence is the Charter/Resolution 

called “Restatement of Values of Judicial Life” passed by 

the Supreme Court of India in its Full Court meeting held 

on May 7, 1997, which was ratified and adopted by 

Indian Judiciary in the Chief Justices’ Conference 1999. 

9. Since in the instant petition the Petitioner is challenging 

the constitutional validity of Sections 16 and 23(5) of 

the Advocates Act, 1961 and Rules made there under, 

nay, a declaration that the said Sections and the Rules 

are unconstitutional and void, it is only appropriate that 

the persons affected, and in particular the Advocates 

designated as Senior Advocates, are given notice and 

afforded due opportunity to partake in the adjudication 

of the case.  Since the issue raised directly involves the 

designation of Advocates as Senior Advocates already 

made and those under contemplation in the Supreme 

Court of India and various High Courts, principles of 

natural justice require that notice be served on the 

Advocate Generals, the Bar Councils of the various 

States and the various High Courts through the Registrar 

Generals or such other appropriate mechanism.  A 

prayer to the said effect is made in this petition.  The 

Petitioner is willing to meet such procedural 

requirements which this Hon'ble Court may deem 

appropriate to be complied with by him in due course of 

time.  Incidentally, the Petitioner may be pardoned if he 

were to point out that in certain PILs, which are filed in 

this Hon'ble Court day in and day out, where rights of 

the public at large are involved and even the rights, 

liberties and properties of crores and crores of people of 

this country are involved, such principles are never 

observed or are required to be observed.  One such 

classic example is the NJAC case.  The NJAC case was all 

about legislative policy which under no stretch of 

imagination can be said to be justiciable.  Assuming that 

it is justiciable, then except a few elite senior members 

of the Bar, Presidents of certain Bar Associations and a 

handful of celebrated lawyers, none other was heard.

10. The Advocates Act, 1961 (“Act”, for short), which was 

enacted to give effect to the recommendations made by 

the All India Bar Committee in the year 1953, taking 

also into account the recommendations of the Law 

Commission in the realm of judicial administration, 

provides for establishment of an All India Bar Council, 

integration of the Bar into a single class of legal 

practitioners known as Advocates, prescription of 

uniforms and qualifications for admission into the 

profession of law, creation of autonomous Bar Councils, 

one for all India and the other for the individual States.  

The Act also provided for division of Advocates into two 

classes, one as “Senior Advocates” and the other as 

“Advocates”, “by virtue of his ability, standing at the Bar 

or special knowledge or experience in law”.  The words 

“special knowledge or experience in law” are very 

important to be noticed.  The Act, in enacting Section 

16, which provides for division of lawyers as Senior and 

other Advocates, has chosen to adopt the system 

prevalent prior to independence when neither 

Constitution of India nor Articles 14, 19 and 21 thereof 

were in existence.  The division of lawyers as upper class 

and lower class is a vintage of the feudal system.  Legal 

profession was considered to be a noble one, for only 

the feudal lords alone took up the said profession and all 

lawyers and Judges were the elite, the feudal lords, the 

blue blooded aristocratic class.  Mahatma Gandhi had 

dealt with about it briefly in his autobiography “My 

Experiments With Truth”.  All the Queen’s counsel were 

recognized as Senior Counsel who, by tradition, were 

elevated as Judges.  The legal profession in India too, 

during the pre-independence era, was primarily 

dominated by the elite, the feudal lords, the upper class 

and the rich. Dr. B.R. Ambedkar was the sole exception.  

11. The Petitioner begs to refer to the recommendations of 

the Law Commission of India; so too of the All India Bar 

Committee which, if one were to make an objective 

reading, contain no justification for continuation of the 

English tradition of Queen’s counsel and others.  The 

said recommendations, which offer no rational basis for 

division of Advocates into two classes, unfortunately, 

happened to be enacted into law by virtue of Sections 16 

and 23 of the Act.  Section 16, which permits the 

division of lawyers into two classes, is extracted below 

for ready reference:-

“16. Senior and other advocates. – 

(1) There shall be two classes of advocates, 

namely, senior advocates and other advocates.

(2) An advocate may, with his consent, be 

designated as senior advocate if the Supreme Court or a 

High Court is of opinion that by virtue of his ability, standing 

at the Bar or special knowledge or experience in law he is 

deserving of such distinction.

(3) Senior advocates, shall in the matter of their 

practice, be subject to such restrictions as the Bar Council of 

India may, in the interest of the legal profession, prescribe.

(4) An advocate of the Supreme Court who was a 

senior advocate of that Court immediately before the 

appointed day shall, for the purposes of this section, be 

deemed to be a senior advocate:

Provided that where any such senior advocate makes 

an application before the 31st December, 1965, to the Bar  

Council maintaining the roll in which his name has been 

entered that he does not desire to continue as a senior 

advocate, the Bar Council may grant the application and the 

roll shall be altered accordingly.”

12. Under the English tradition, the Queen’s counsel 

representing the realm had always a right of pre-

audience.  By virtue of Section 23 of the Act, the said 

practice came to be enacted as the law of the country.  

The Petitioner has no qualm about it.  Under Section 23, 

the Attorney General; so too the Solicitor General, 

Additional Solicitor General and Advocate Generals are 

invested with the right of pre-audience.  Sub-sections 

(1) to (4) of Section 23 deal with the right of pre-

audience which they enjoy.  The Petitioner has no 

quarrel about it, but in addition to the right of pre-

audience given to them by virtue of sub-Section (5) of 

Section 23, “Senior Advocates” too shall have right of 

pre-audience over other Advocates.  The said provision 

strikes Articles 14, 19 and 21 of the Constitution, which 

are to be read together, at their very root.  Apart from 

the Law Officers representing the Central and State 

Governments, as aforesaid, lawyers who are designated 

as Senior Advocates, by virtue of Section 16 and sub-

Section (5) of Section 23 of the Act, enjoy a right of pre-

audience over other Advocates.  The said provisions 

mean cementing further the casteism, the menace of 

upper class and lower class, a curse of the country for 

centuries, being allowed to be statutorily recognized in 

the legal provision.  The ramification thereof to state it 

to be catastrophic is an understatement.  Section 23 of 

the Act is extracted for ready reference as infra:-

“23. Right of pre-audience. –

(1) The Attorney General of India shall have pre-audience 

over all other advocates.

(2) Subject to the provisions of sub-section (1), the 

Solicitor-General of India shall have pre-audience over all 

other advocates.

(3) Subject to the provisions of sub-sections (1) and (2), 

the Additional Solicitor-General of India shall have pre-

audience over all other advocates.

(3A) Subject to the provisions of sub-sections (1), (2)     

and (3), the second Additional Solicitor-General of India 

shall have pre-audience over all other advocates.

(4) Subject to the provisions of sub-section (1), (2), (3) 

and (3A) the Advocate General of any State shall have pre-

audience over all other advocates, and, the right of pre-

audience among Advocates-General inter se shall be 

determined by their respective seniority.

(5) Subject as aforesaid-

(i) Senior advocates shall have pre-audience over 

other advocates; and

(ii) The right of pre-audience over senior advocates 

inter se and other advocates inter se shall be 

determined by their respective seniority.”

13. The casteism prevalent in the legal profession meant 

that the elite class of, say 5000, could monopolize 95% 

of the revenue from the legal profession, which today is 

nothing but an industry, the Petitioner is extremely 

painful to say so, and which is cornered by 5% of the 

legal fraternity.  The said 5% are the elite class 

consisting of the kith and kin of sitting and former 

Judges of the Supreme Court and High Courts, 

celebrated lawyers, Chief Ministers, Governors et al and 

a few first generation lawyers who are all politically 

connected or are close to big industrial houses.  The 

voice of the other first generation lawyers, the sons and 

daughters of ordinary citizens, farmers, school teachers, 

taxi drivers etc., who come from far flung villages of the 

country and who had not the privilege of being educated 

in public schools, is never heard.  The high judiciary in 

India, be it elevation of an Advocate as a Judge of the 

Supreme Court or of a High Court or designation of an 

Advocate as a Senior Advocate, has been allowed to be 

vitiated by private interest, the interest of the kith and 

kin of sitting and former Judges of the Supreme Court 

and High Courts, celebrated lawyers, Chief Ministers, 

Governors et al and a few first generation lawyers who 

are all politically connected or are close to big industrial 

houses. 

14. Section 23 (5) of the said Act, which confers a privilege 

upon a Senior Advocate for pre-audience over other 

Advocates, is in patent violation of the principles of 

equality before law under Article 14 and right to practice 

any profession, or to carry on any occupation, trade or 

business under Article 19.  The Petitioner’s experience 

as a lawyer of more than 30 years’ standing convinces 

him that “lower caste” lawyers who come from humble 

backgrounds, who have studied in vernacular language, 

sons and daughters of farmers, school teachers, taxi 

drivers etc, far excel the elite class of lawyers who are 

designated as Senior Advocates when it comes to depth 

of knowledge, elegance and style of drafting etc.  He can 

cite hundreds of examples in this regard.  But such 

talented lawyers - merely because they have no 

godfather, they are not the kith and kin of Judges and 

other elites, they do not belong to the chambers of 

celebrated lawyers – are never allowed to blossom and 

their talents are nipped in the bud itself.  It is time that 

the cabal system of designation of a lawyer as a Senior 

Advocate is dispensed with and all lawyers are treated 

equally.  By doing so, no heaven will fall; all that could 

happen is to bring an end to the inbreeding.  If the 

current system of the kith and kin of sitting and former 

Judges of the Supreme Court and High Courts, 

celebrated lawyers, Chief Ministers, Governors et al, 

monopolizing the august office of the Judges of the 

higher judiciary, so too being designated as Senior 

Advocates, will continue, then the Indian judiciary will 

be deprived of the diversity of genes which alone could 

provide immunity to the corpus of the legal profession/ 

judiciary to protect itself from the diseases such as 

corruption, nepotism and malpractices.  Neither in 

animal kingdom nor in plants inbreeding is permitted; it 

is against the very law of the nature.  It is worthwhile to 

note that certain species like elephant foot, nay, even 

banana plants have become extinct because of 

inbreeding, being divested itself of its vital diverse 

genes, which alone could have protected it from the viral 

attacks. 

15. Looking from a practical and realistic point of view, 

whatever could be the upsurge of public opinion, the 

near revolution which found exposition in the social 

media, nay, to an extent, in the electronic and print 

media, it is of little consequence, but the fact that public 

opinion cannot be ignored forever has to be accepted.  

In the ultimate analysis, no Court can ignore public 

opinion.  As said by Victor Hugo, “no army can stop an 

idea whose time has come”.  Therefore the Petitioner 

believes that it is high time that a mechanism to deal 

with complaints at the hands of litigants and lawyers 

against Judges is put in place.  The most ideal thing is 

for the Parliament to pass the Judicial Standards and 

Accountability Bill, 2012 with the urgency and expedition 

it calls for.  Hence, in the instant petition the Petitioner 

seeks a mandamus to that effect.  The other alternative, 

though fraught with dire consequences, is for the 

Supreme Court to enact laws, as it has done in Judges-

2, Judges-3 and Judges-4 cases, in substitution of the 

Parliament, in respect of which seeds were sown by the 

Charter/Resolution called “Restatement of Values of 

Judicial Life” passed by the Supreme Court.  Yet another 

measure, which is imperative, is to secure repeal of 

Sections 16 and 23 of the Advocates Act; so too seek a 

declaration from this Hon'ble Court that the said 

Sections are unconstitutional and void.  Hence, the 

instant Writ Petition.

GROUNDS

 Grounds in support of the reliefs sought for are 

fairly elaborated in the statement of facts above and 

hence are not repeated.  The Petitioner respectfully 

submits that paragraphs 1 to 15 hereinabove may be 

read and treated as the grounds in support of the 

instant Writ Petition.

16. The Petitioner has not filed any other Petition/Appeal/ 

Application before this Hon’ble Court or any other High 

Court seeking similar reliefs as are sought in this Writ 

Petition. 

P R A Y E R 

It is, therefore, most respectfully prayed that this Hon’ble 

Court may graciously be pleased to: 

a) direct Respondent No.1 to pursue in all earnestness the 

Judicial Standards and Accountability Bill, 2012, though 

beyond that no mandamus could be sought at the hands 

of this Hon'ble Court;

b) evolve a mechanism to deal with complaints by litigants, 

lawyers and the public at large against corruption, 

malpractices and other impropriety at the hands of the 

Hon'ble Judges of the higher judiciary since no law exists 

as of date to deal with such complaints;

c) declare that the Charter/Resolution called “Restatement 

of Values of Judicial Life” passed by the Supreme Court 

of India in its Full Court meeting held on May 7, 1997, 

which was ratified and adopted by Indian Judiciary in the 

Chief Justices’ Conference 1999, with further 

modifications and improvements, which could be made 

possible by inviting opinions and suggestions from the 

Bar Council of India, Bar Associations, lawyers and 

public at large, as done in Judges-4 case regarding the 

collegium system, is the law to deal with complaints 

against Judges of the higher judiciary;

d) direct the Hon'ble Chief Justice of India, in exercise of 

his jurisdiction as the pater familias, to ensure that in 

the drawing up of cause list and hearing of cases by the 

Supreme Court and High Courts certain definite 

principles are identified and they are strictly 

implemented and complaints of special treatment to 

super celebrated litigants and lawyers are brought to an 

e) permit the Petitioner to arraign as additional 

Respondents all the lawyers who have been designated 

as Senior Advocates by the Supreme Court of India in 

exercise of the power conferred on it under the Supreme 

Court Rules, 2013 and/or to cause notice to be issued to 

them/served upon them in any other appropriate 

manner, nay, in terms of Order VIII Rule 1(2) of the 

Code of Civil Procedure; so too to the learned Advocate 

Generals of the various States; 

f) permit the petitioner to amend or alter the instant Writ 

Petition, so as to enable him to incorporate the 

challenge on the vires of Sections 16 & 23(5) of the 

Advocates Act, 1961 if so found appropriate in due 

course since it is felt that it will be more appropriate to 

institute a separate writ petition in challenge of the vires 

of the said sections of the Advocates Act, 1961 ; and 

g) pass such further and other orders as this Hon’ble Court 

may deem fit and proper in the facts and circumstances 

of the case as also in the interest of justice.

       DRAWN AND FILED BY 

               Petitioner-in-person 

      ‘Harbour Heights’, ‘W’ Wing 

   12-F, 12th Floor, Sassoon Docks, 

           Colaba, Mumbai-400005. 

         e-mail : mathewsjnedumpara@gmail.com

Filed on :    

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.              OF 2015

IN THE MATTER OF 

Mathews J. Nedumpara.                  …PETITIONER

The Union of India & Ors.               …RESPONDENTS 

I.A. NO.           OF 2015

APPLICATION FOR PERMISSIO 

TO APPEAR AND ARGUE THE CASE IN-PERSON

P A P E R  -  B O O K

(FOR INDEX KINDLY SEE INSIDE)

               Petitioner-in-person 

      ‘Harbour Heights’, ‘W’ Wing 

   12-F, 12th Floor, Sassoon Docks, 

           Colaba, Mumbai-400005. 

         e-mail : mathewsjnedumpara@gmail.com

Filed on :    

    I N D E X

Sl. No. Particulars Page Nos. 

1. Listing Proforma 

2. Writ Petition with Affidavit 

 3. Application for permission to appear and 

argue the case in-person. 

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO.             OF 2015

WRIT PETITION (CIVIL) NO.         OF 2015

IN THE MATTER OF 

Mathews J. Nedumpara.                      …PETITIONER

The Union of India & Ors.                      …RESPONDENTS 

APPLICATION SEEKING PERMISSION

TO APPEAR AND ARGUE THE CASE IN PERSON

THE HON’BLE CHIEF JUSTICE AND 

HIS COMPANION JUSTICES OF THE 

HON’BLE SUPREME COURT OF INDIA 

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED 

MOST RESPECTFULLY SHEWETH 

1. The Petitioner has filed this Writ Petition before this 

Hon’ble Court under Article 32 of the Constitution of 

India.  The Petitioner is not repeating the facts of the 

case in this Application for the sake of brevity and, 

therefore, the contents of the Writ Petition be read as 

part and parcel of this Application. .  

2. The Petitioner is a Lawyer by profession who has 

enrolled himself as such in the year 1984 and has been 

in the profession for the last three decades.  The 

Petitioner is also the President of National Lawyers 

Campaign for Judicial Transparency and Reforms, an 

organization which has been in existence for the last 10 

years, a voluntary Association of lawyers from different 

parts of the country who are committed and dedicated 

themselves to the cause of greater transparency and 

reforms in judiciary.  Therefore, the Petitioner is 

intending to appear and argue the instant case in-

person.  Hence, the Petitioner be permitted to appear in-

person for arguing the present Writ Petition before this 

Hon’ble Court.

P R A Y E R 

It is, therefore, most respectfully prayed that this Hon’ble 

Court may graciously be pleased to: 

a) permit the Petitioner to appear and argue the present 

Writ Petition in-person before this Hon’be Court ; and 

b) pass any such other order or orders/directions as this 

Hon’ble Court may deem fit and proper in the interest of 

The Registrar 

Supreme Court of India

Subject : Writ Petition (Civil) No.        of 2015 

(Mathews J. Nedumpara 

Vs. 

The Union of India & Ors.)

I, do hereby, authorize Mr. Prakash Chandra Sharma, to file 

and also to do all needful in the Registry on my behalf in the 

above mentioned case. 

Thanking you, 

   (MATHEWS J. NEDUMPARA) 

         Petitioner-in-person 

   ‘Harbour Heights’, ‘W’ Wing 

12-F, 12th Floor, Sassoon Docks, 

       Colaba, Mumbai-400005. 

         e-mail : mathewsjnedumpara@gmail.com

      16.12.2015

The Registrar 

Supreme Court of India

Subject : Writ Petition (Civil) No.        of 2015 

(Mathews J. Nedumpara 

Vs. 

The Union of India & Ors.)

Kindly enter my appearance as Petitioner appearing in-person 

in the above mentioned case.  

  (MATHEWS J. NEDUMPARA) 

         Petitioner-in-person 

   ‘Harbour Heights’, ‘W’ Wing 

12-F, 12th Floor, Sassoon Docks, 

       Colaba, Mumbai-400005. 

         e-mail : mathewsjnedumpara@gmail.com

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO.             OF 2015

WRIT PETITION (CIVIL) NO.                     OF 2015

IN THE MATTER OF 

Mathews J. Nedumpara.                           …PETITIONER

The Union of India & Ors.                  …RESPONDENTS 

I, Mathews J. Nedumpara, Advocate, aged about 56 years, residing at 

Harbour Heights, “W” Wing, 12-F, 12th Floor, Sassoon Docks, Colaba, 

Mumbai-400 005, presently at New Delhi, do hereby solemnly swear 

and affirm as follows:

1. That I am the Petitioner appearing in-person in the above 

mentioned case and I am fully conversant with the facts and 

circumstances of the case. Hence, I am competent to swear to 

this Affidavit. 

2. That the accompanying Writ Petition containing paras 1 to    

……… at pages 1 to       , and the Application seeking 

permission to appear and argue the case in-person has been 

drafted my me.  I have gone through the contents of the same, 

which are true and correct to the best of my knowledge and 

belief.  No part of it is false and nothing material has been 

concealed therein. 

I, the above named Deponent, do hereby verify and state that the 

contents of this Affidavit are true and correct to my knowledge and 

belief.  No part of it is false and nothing is concealed therefrom. 

Verified at New Delhi on this the 15th day of December, 2015.

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