Mumbai maverick lawyer Mathews J Nedumpara has filed an application in the Supreme Court for review or recall of order dated 5 November 2015 in which the court has invited suggestions from the public for reforming the collegium system, by 13 November and for holding two-day hearing of select counsel on 18 and 19 November.
Nedumpara’s review petition against the 16 October judgment of the constitution bench contends that the public at large cannot be asked to give their opinions and suggestions in a short span of eight days and that too in the midst of Diwali Holidays.
If the opinion of the public at large is to be sought, then they should be free to make their opinion without putting any restrictions, for, in the order dated 5 November, 2015 the Supreme Court has said that the suggestions shall be confined to four aspects, namely, transparency, Secretariat, eligibility criteria and complaints, Nedumpara has argued.
Further, he has submitted that the requirement to hear the public at large was before the case was heard and decided and not subsequent thereto; and while it was entirely legitimate to hear the public at large before the case was decided, to hear them after the decision of the case amounts to legislation in substitution of the Parliament, nay, even its constituent power, he has submitted.
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Nariman is part of a cabal of high priced lawyers. His son is a Judge. His grand daughter, Nina, practices before the Delhi High Court as well as the SCI. What standing does he have to head any committee that defines these contours.
Seervai and Palkhivala argued the Keshvanand Bharti case. Palkhivala won. Seervai later acknowledged that Palkhivala was correct and he was wrong. Looking at the mess that is the SCI I wonder what they both would asy?