Writ Petition against the order of the Registrar rejecting the brief for abolition of Collegium which was rejected entirely behind the Petitioner’s back, refusing to even register it
Writ Petition against the order of the Registrar rejecting the brief for abolition of Collegium which was rejected entirely behind the Petitioner’s back, refusing to even register it
Mathews J Nedumpara
24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(Arising out of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022)
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
WITH
I.A. NO. OF 2024
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY OF FINAL IMPUGNED ORDER
AND
I.A. NO. OF 2024
APPLICATION FOR CONDONATION OF DELAY IN FILING SPECIAL LEAVE PETITION
AND
I.A. NO. OF 2024
APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN THE ABOVE MENTIONED CIVIL APPEAL FILED BEFORE THIS HON’BLE COURT AS PARTY IN PERSONS
PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)
SHRI MATHEWS J. NEDUMPARA & ORS.:
PETITIONERS IN PERSON
MOB. NO. +91 9820535428
RECORD OF PROCEEDINGS
SL. NO. DATE OF PROCEEDINGS PAGE NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
INDEX
S. No. Particulars of Documents Page No. of part to which it belongs Remarks
Part I
[Contents of Paper Book] Part-II
[Contents of file alone]
[i] [ii] [iii] [iv] [v]
Court Fees
1 O/R on Limitation A
2 Listing Performa. A1-A3
3 Cover page of Paper Book A-4
4 Index of Record of Proceedings A-5
5 Limitation Report prepared by the Registry. A-6
6 Defect List NS1-
7 Note Sheet
8 Synopsis & List of Dates B-F
9 Copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
1-6
10 Civil Appeal with affidavit. 7-16
11 ANNEXURE A-1
A true copy of the Writ Petition (Civil) No. 1005 of 2022 filed before this Hon’ble Court on dated 07.11.2022.
17-117
12 I.A. NO. OF 2024
Application for exemption from filing certified copy of the final impugned order. 118-120
14 I.A. NO. OF 2024
Application for condonation of delay in filing Civil Appeal. 121-123
15 I.A. NO. OF 2024
Application for permission to appear and argue in the above mentioned Civil Appeal filed before this Hon’ble Court as Party in Peson. 124-127
16 ANNEXURE A-2
A true copy of the Aadhar Card bearing No. 2979 5739 1137 of the Petitioner in Person No. 1. 128
17 ANNEXURE A-3
A true copy of the Aadhar Card bearing No. 9377 1660 6859 of the Petitioner in Person No. 2. 129
18 ANNEXURE A-4
A true copy of the Aadhar Card bearing No. 4607 2081 1026 of the Petitioner in Person No. 3. 130
19 ANNEXURE A-5
A true copy of the Aadhar Card bearing No. 8120 9032 1274 of the Petitioner in Person No. 4. 131
20 ANNEXURE A-6
A true copy of the Aadhar Card bearing No. 8634 9836 9864 of the Petitioner in Person No. 5. 132
21 ANNEXURE A-7
A true copy of the Aadhar Card bearing No. 9325 2738 7697 of the Petitioner in Person No. 6. 133
22 ANNEXURE A-8
A true copy of the Aadhar Card bearing No. 8951 0047 9062 of the Petitioner in Person No. 7. 134
23 ANNEXURE A-9
A true copy of the Aadhar Card bearing No. 5281 1054 7535 of the Petitioner in Person No. 8. 135
25 F/M 136
26 V/A 137-144
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
OFFICE REPORT ON LIMITATION
- Petition is within time.
- The Petition is barred by time and there is delay of —_ days in filing the same against order dated 24.04.2024 and petition for condonation of delay of _ days had been filed.
- There is delay of days in re-filing the petition and petition for condonation of _ days delay in re-filing has been filed.
BRANCH OFFICER
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
INDEX
SL. NO. PARTICULARS COPIES C/FEE
1 Office Report on Limitation 1+3
2 Listing Performa 1+3
3 Synopsis and List of Dates 1+3
4 Copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
5 Civil Appeal along with Affidavit.
6 Annexure A-1
7 I.A. NO. OF 2024
Application for exemption from filing certified copy of the final impugned order.
8 I.A. NO. OF 2024
Application for condonation of delay in filing Civil Appeal.
9 I.A. NO. OF 2024
Application for permission to appear and argue in the above mentioned Civil Appeal filed before this Hon’ble Court as Party in Peson.
10 Annexure A-2 to A-9
11 Vakalatnama and Appearance
Total
Filed by:
Dated: 23.05.2024
Place: New Delhi Mathews J. Nedumpara
Appellant In Person No.1,
101, 1st Floor, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400001, Maharashtra
Mob. No. 9820535428
E-Mail:mathewsjnedumpara@gmail.com
PROFORMA FOR FIRST LISTING
SECTION
The case pertains to (Please tick/check the correct box)”Central Act: (Title) Constitution of India Section: Article 32 of Constitution of India. Central Rule: (Title): NA Rule No(s): NA State Act: (Title) NA Section: NA State Rule: (Title) NA Rule No(s): NA Impugned Interim Order: (Date) NA Impugned Final Order/Decree: (Date) NA High Court: (Name) NA Names of Judges: NA Tribunal / Authority: (Name) NA
- Name of Matter: √
Civil
Criminal - (a) Petitioner/Appellant No. 1: SHRI MATHEWS J. NEDUMPARA & ORS.
S (b) E-mail ID: mathewsjnedumpara@gmail.com (c) Mobile Phone Number: 9820535428, 9447165650 - (a) Respondent No. 1: THE HON’BLE CHIEF JUSTICE OF INDIA AND ORS.
(b) E-mail ID: NA
(c) Mobile Phone Number: - (a) Main category classification: 18 Ordinary Civil Matter
1807 Others (b) Sub classification: 18 Ordinary Civil Matter
1807 Others - Not to be listed before: NA
- Similar / Pending matter:
(a) No similar matter is disposed of before this Hon’ble Court.
(b) No similar matter is pending before this Hon’ble Court. - Criminal Matters:
(a) Whether accused / convict has surrendered
Yes
No
(b) FIR No. NA Date: NA
(c) Police Station: NA
(d) Sentence Awarded: NA
(e) Sentence Undergone: NA
- Land Acquisition Matters: NA
(a) Date of Section 4 notification: NA
(b) Date of Section 6 notification: NA
(c) Date of Section 17 notification: NA - Tax Matters: State the tax effect: NA
- Special Category:
(First petitioner/appellant only) NA
Senior citizen > 65 Years
SC/ST
Woman/child
Disabled
Legal
Aid Case
In custody
- Vehicle number (in case of Motor Accident Claim matters): NA
Place:
Date: New Delhi
23.05.2024
MATHEWS J. NEDUMPARA
Petitioner in Person No. 1
E-Mail: mathewsjnedumpara@gmail.com
SYNOPSIS
The present Civil Appeal before this Hon’ble Court has been preferred by the Appellant against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the Collegium System of appointment of Judges to the Supreme Court and to High Courts has resulted in denial of equal opportunity to Petitioner Nos. 1 to 6 who are practicing lawyers, and also to thousands of others who are equally if not more deserving, but are never considered for appointment under the present Collegium System. The Appellants had also sought a further direction that the vacancies in the office of the Judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with Notice to the public at large, inviting objections, if any.
The instant Writ Petition was numbered and the Appellants, particularly, Appellant No. 1 mentioned the matter before the Hon’ble Chief Justice of India in the open court on not less that five occassions. The Hon’ble Chief Justice of India was pleased to direct the matter to be listed. However, to the great dismay and surprise of these Appellants, the case was never once listed. Appellant No. 1 even met the Registrar (Shri Puneet Sehgal) on a couple of occasions and brought to his notice the orders of the Hon’ble Chief Justice that were rendered in the open court; but apparently never reduced to writing. The Appellant No. 1 further requested the Registrar to bring this grievance to the notice of the Hon’ble Chief Justice. While matters stood thus, on 18.04.2024. The Appellant No. 1 yet again made an oral request before the Hon’ble Chief Justice to list the instant Writ Petition for hearing, while pointing out that despite repeated mentioning and despite earlier orders of the Hon’ble Chief Justice in the open court, the matter remains to be listed. The Hon’ble Chief Justice of India was pleased to direct these Appellants to send an email to the Officer concerned and assured that his Lordship would then consider the communication. The Appellants accordingly drafted the requisite letter of request for listing; and before the same could be emailed, the Appellant No. 1 received an email from the Supreme Court Registry, enclosing order dated 24.04.2024 purportedly under Order 45 Rule 5 of the Supreme Court Rules recalling the final registration of the instant Writ Petition.
The Appellants were shocked beyond words. The instant Writ Petition was registered in the year 2022 as Writ Petition (Civil) No. 1005 of 2022. The Registry gave a final number after the Appellants had cured all the defects and after fulfilling and satisfying all the procedural requirements. The petition was ripe for hearing in the year 2022 and was mentioned before the Chief Justice in November 2022 and thereafter mentioned multiple times. The matter being of public interest it was reported by the papers every time it was mentioned.
It is a fundamental principle of law that the Registry is an aid, a facilitator, and a servant of the Court. The functions of the Registry are primarily ministerial in nature. It has no jurisdiction to adjudicate pure questions of law and certainly not substantial questions of law of great ramifications as has been raised in the instant Appeal. The principal prayer sought for in the petition was a declaration that the judgment in the NJAC case is one rendered void ab initio on a subject matter over which the Courts have no jurisdiction, and that too, in a proceedings which was in no way representative in nature, conducted entirely behind the back of the people, in a matter concerning the public at large.
In pronouncing a judgment upon a Constitutional Issue of such great ramifications, which the Court alone is empowered to do, the Registrar has acted far beyond his jurisdiction. It is difficult to fathom how the Registrar could have ever ventured to take upon to himself the task of rendering a judgment on a larger Constitutional issue brought to the court for adjudication by 6 lawyers and 2 well meaning citizens. That too, when the Writ Petition had been given a final number, the matter was mentioned numerous times before the Hon’ble Chief Justice and his lordship was pleased to direct that the matter be listed at least five. The Appellants have never heard of single instance in the whole of this country where a registrar ventures to de-register and dismiss a petition which is duly numbered, that too behind the back of the parties. There cannot be a more curious case than the instant one, indeed a ‘riddle wrapped in a mystery inside an enigma’.
LIST OF DATES
1993 Collegium came into existence by virtue of a judgment of 9 Judge Constitution Bench of the Hon’ble Supreme Court of India, New Delhi.
2014 The Parliament by amending the Constitution and simultaneously enacted NJAC Act of 2014 sought to substitute Collegium by NJAC.
16.10.2015 A Five Judge Constitution Bench of the Hon’ble Supreme Court of India declared the 99th Constitutional Amendment Act and the NJAC Act as unconstitutional thereby revived the Collegium. Since then, the appointment and transfer of the Supreme Court and the High Courts is at the hands of the Collegium which has resulted in denial of equal opportunities for the Petitioners and thousands of Lawyers who are eligible, meritorious and who deserved to be considered.
02.11.2022 Instant Petition under Article 32 of the Constitution of India is instituted.
2022 The writ petition was registered in the year 2022 as Writ Petition (Civil) No. 1005 of 2022.
Appellant No. 1 mentioned the matter before the Hon’ble Chief Justice in the open court not less that 5 times.
18.04.2024 On 18.04.2024, the Appellant made an oral request yet again before the Hon’ble Chief Justice to list the above case for hearing, pointing out that despite repeated mentioning and orders of the Hon’ble Chief Justice in open court, the case remains to be listed.
24.04.2024 The Appellants received Email order from the Registrar of the Supreme Court deregistering and dismissing the instant Petition. The Appellants have never heard of single instance in the whole of this Country where a Registrar suo moto ventures to de-register and dismiss a Petition which was duly numbered, that too behind the back of the Petitioners.
24.05.2024 Hence this present Appeal.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(Arising out of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022)
BETWEEN POSITION OF PARTIES
IN THIS WRIT PETITION IN THIS CIVIL APPEAL
- SHRI MATHEWS J. NEDUMPARA, ADVOCATE, 101, 1ST FLOOR, GUNDECHA CHAMBER, NAGINDAS ROAD, FORT MUMBAI-400001, MAHARASHTRA.
PETITIONER NO. 1 APPELLANT
NO. 1 - ROHINI MOHIT AMIN, ADVOCATE, BOMBAY HIGH COURT, B-705, NIRMAN APARTMENTS, R.J. MARG, PUMP HOUSE, ANDHERI EAST, MUMBAI, MAHARASHTRA-400009.
PETITIONER NO. 2 APPELLANT NO. 2. - MARIA NEDUMPARA, ADVOCATE, 12-F, HARBOUR HEIGHTS, COLABA CAUSEWAY, MUMBAI, MAHARASHTRA-400005.
PETITIONER NO. 3 APPEALLANT NO. 3. - RAJESH VISHNU ADREKAR, ADVOCATE
401, D-14, YOGI VARDHAN CHS, YOGI NAGAR ROAD, YOGI NAGAR, BORIVILI WEST, MUMBAI, MAHARASHTRA-400 092.
PETITIONER NO. 4 APPELLANT
NO. 4 - HEMALI SURESH KURNE, ADVOCATE 28-A WING, SHUBH SHAGUN BUILDING,
RISHIKESH CHS LTD., SECTOR-34, MANSAROVAR, NAVI MUMBAI, MAHARASHTRA-410 209.
PETITIONER NO. 5 APPELLANT
NO. 5 - SHARAD VASUDEO KOLI, ADVOCATE, 68-1/1, GOLPHADEVI COLONY, WORLI VILLAGE, MUMBAI, MAHARASHTRA-400030. PETITIONER NO. 6 APPELLANT
NO. 6 - KARAN KAUSHIK, 3, NUGGET, 18TH ROAD, KHAR WEST, MUMBAI, MAHARASHTRA-400052.
PETITIONER NO. 7 APPELLANT
NO. 7 - MANISHA NIMESH MEHTA, CHARTERED ACCOUNTANT, 1905, ROSELLA, PANT NAGAR, GHATKOPAR,
MUMBAI, MAHARASHTRA-400075. PETITIONER NO. 8 APPELLANT
NO. 8
VERSUS - THE HON’BLE THE CHIEF JUSTICE OF INDIA, SUPREME COURT OF INDIA, TILAK MARG, NEW DELHI-110001.
RESPONDENT NO. 1 CONTESTING RESPONDENT NO. 1 - THE COLLEGIUM OF THE HON’BLE JUDGES OF THE SUPREME COURT OF INDIA, REPRESENTED BY THE HON’BLE THE CHIEF JUSTICE OF INDIA
SUPREME COURT OF INDIA, NEW DELHI-110001.
RESPONDENT NO. 2 CONTESTING RESPONDENT NO. 2 - SECRETARY GENERAL, SUPREME COURT OF INDIA TILAK MARG, NEW DELHI-110001.
RESPONDENT NO. 3 CONTESTING RESPONDENT NO. 3 - UNION OF INDIA, THROUGH ITS SECRETARY, DEPARTMENT OF LEGAL OF AFFAIRS MINISTRY OF LAW AND JUSTICE 4TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI-110001.
RESPONDENT NO. 4 CONTESTING RESPONDENT NO. 4 - PRINCIPAL SECRETARY, TO THE PRIME MINISTER PRIMER MINSTER’S OFFICE, 7 LOK KALYAN MARG, NEW DELHI.
RESPONDENT NO. 5 CONTESTING RESPONDENT NO. 5 - INDIAN NATIONAL CONGRESS THROUGH ITS NATIONAL PRESIDENT 24, AKBAR ROAD, NEW DELHI.
RESPONDENT NO. 6 CONTESTING RESPONDENT NO. 6 - BHARTIYA JANATA PARTY THROUGH ITS NATIONAL PRESIDENT, B.J.P. HEAD QUARTERS DEEN DAYAL UPADHYAY MARG, NEW DELHI. RESPONDENT NO. 7 CONTESTING RESPONDENT NO. 7
- COMMUNIST PARTY OF INDIA THROUGH ITS SECRETARY, AJOY BHAVAN, 15, INDRAJIT GUPTA MARG, NEW DELHI-110002.
RESPONDENT NO. 8 CONTESTING RESPONDENT NO. 8 - STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY, MANTRALAYA, MUMBAI, MAHARASHTRA-400032.
RESPONDENT NO. 9 CONTESTING RESPONDENT NO. 9 - STATE OF KERALA, THROUGH ITS CHIEF SECRETARY, THIRUVANANTHAPURAM, KERALA. RESPONDENT NO. 10 CONTESTING RESPONDENT NO. 10
- STATE OF TAMIL NADU, THROUGH ITS CHIEF SECRETARY, FORT ST. GEORGE, CHENNAI, TAMIL NADU. RESPONDENT NO. 11 CONTESTING RESPONDENT NO. 11
- STATE OF UTTAR PRADESH, THROUGH ITS CHIEF SECRETARY, SECRETARIAT LUCKNOW, UTTAR PRADESH.
RESPONDENT NO. 12 CONTESTING RESPONDENT NO. 12 - AAM AADMI PARTY, 206, ROUSE AVENUE, DEEN DAYAL UPADHYAY MARG, ITO, NEW DELHI-110002.
RESPONDENT NO. 13 CONTESTING RESPONDENT NO. 13 - TRINMOOL CONGRESS, 30B HARISH CHATTERJEE STREET, KOLKATA, WEST BENGAL-700026. RESPONDENT NO. 14 CONTESTING RESPONDENT NO. 14
APPEAL AGAINST THE ORDER DATED 24.4.2024 PASSED BY THE REGISTRAR (JA) OF THIS HON’BLE COURT UNDER ORDER 45 RULE 5 OF THE SUPREME COURT RULES.
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF
THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE APPELLANTS ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - The Appellants also sought a declaration that the Constitution (Ninety-Ninth) Amendment Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, was the will of the people on a matter which is in the exclusive province of executive and legislative policy, that the issue was not justiciable at all and that the judgment in the NJAC case was rendered void ab initio, non est and still born, one which never ever existed in the eyes of law, particularly since the so-called PIL filed by the Supreme Court Advocate On Record Association (SCORA) was not at all in the realm of a representative proceedings and was more of a “private interest litigation”. The Appellants further pointed out that it was a case of the fox being on the jury in the goose’s trial.
- QUESTION OF LAW:
A. Did not the Registrar far exceed his jurisdiction and act in the most arbitrary, callous and illegal manner in de-registering W.P (Civil) No. 1005/2022 which involves the adjudication of a question of law of overwhelming ramifications, namely, as to the validity of the judgment of the 5-judge Constitution Bench in the NJAC case, that too, entirely behind the back of the Appellants?
B. Is not the gravity of the abuse of jurisdiction by the Registrar aggravated by the undeniable fact that he ventured to de-register the appeal and reject it despite him being fully aware that the Appellant had mentioned the W.P. No. 1005/2022 atleast five times in the open court before the Hon’ble Chief Jusitce of India and his lordship had directed listing of the case?
C. Does not the Registrar, even assuming he has limited delegated judicial functions vested in him, become functus offio once the case has been finally registered and numbered, thereafter barred from reviewing his own decision?
D. Has not the Registrar acted in violation of fundamental principles of natural justice in attributing ulterior motives to the Appellants, lawyers and common citizens, in seeking undoing of the error which the judgment of the 5-judge constitution bench in the NJAC case constitutes to be?
E. Was not the Registrar a coram non judice, a usurper of a jurisdiction which does not belong to him in adjudicating upon the validy of the contentions raised by the Appellants in seeking reconsideration of the judgment of the 5-judge constitution bench in the NJAC case? - THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:
(i) That in the year 2022, the Appeallnts herein filed Writ Petition (Civil) No. 1005 of 2022 on dated 07.11.2022. A true copy of the Writ Petition (Civil) No. 1005 of 2022 filed before this Hon’ble Court on dated 07.11.2022 is annexed herewith and marked as ANNEXURE A-1 (PAGES 17 TO 117). - GROUNDS:
A. It is a fundamental principle of law that the Registry is an aid, a facilitator, a servant of the Court. Its functions are primarily ministerial in nature. It has no jurisdiction to adjudicate pure questions of law and certainly not substantial questions of law of great ramifications as has been raised in the instant Appeal. The principal prayer sought for in the petition was a declaration that the judgment in the NJAC case is one rendered void ab initio on a subject matter over which the Courts have no jurisdiction, and that too, in a proceedings which was in no way representative in nature, conducted entirely behind the back of the people, in a matter concerning the public at large.
B. In pronouncing a judgment upon a Constitutional Issue of such great ramifications, which the Court alone is empowered to do, the Registrar has acted far beyond his jurisdiction. It is difficult to fathom how the Registrar could have ever ventured to take upon to himself the task of rendering a judgment on a larger Constitutional issue brought to the court for adjudication by 6 lawyers and 2 well meaning citizens.
C. The Writ Petition had been registered, and given a final number after removal of all defects, the Matter was mentioned numerous times before the Hon’ble Chief Justice of India and his Lordship was pleased to direct that the matter be listed on at least five occasions when the same was mentioned. The Appellants submit that the Registrar has committed a manifest and patent error by venturing to de-register and dismiss a Petition which had already been numbered, and had been mentioned that too behind the back of the parties, without notice to the Appellants. - The Appellants herein has not preferred any other appeal against the the impug ned order and Judgment dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
PRAYER
In the aforesaid premises, the Appellant humbly pray that this Hon’ble Court may graciously be pleased to:
a) Admit and allow the present Civil Appeal and set aside the order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022 and to restore the said Petition to the files of this Court; and
b) Pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS / PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
DRAWN & FILED BY:MATHEWS J. NEDUMPARA APPELLANT NO. 1 (PARTY IN PERSON)
Place: New Delhi
Drawn on: 22.05.2024
Filed on: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY OF IMPUGNED ORDER
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - The Appellants submit that the contents of the accompanying Appeal may be read as part and parcel of the present application. For the sake of brevity full facts of the case are not reproduced herein.
- That the Appellant have filed the instant Civil Appeal with a copy of the impugned Judgment as obtained from the website of this Hon’ble Court .
- The Appellants further undertake to file the certified Copy of the impugned Judgment as and when the same is made available to these Appellants from the Registry of this Hon’ble Court.
- That the present Application is made bonafidely and in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to:
(a) Exempt these Appellants from filing the certified copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022; and
(b) Pass such further order/orders, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANT/PARTY IN PESONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR CONDONATION OF DELAY IN FILING CIVIL APPEAL
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - That the facts of the case have been fully set out in the Civil Appeal. It is submitted that the facts stated in the Civil Appeal may be treated as part of this petition. The same are not reproduced herein for the sake of brevity.
- That the order impugned was passed by the Registarar of this Hon’ble Court on 24.04.2024, was communicated to the Appellant No. 1 on 25.04.2024.
- That these Appellants have a good case on merits and these Appellants have every chance of succeeding in the appeal. That if the delay is not condoned the Appellants will suffer irreparable loss and injury and hence this Hon’ble Court may be pleased to condone the delay in the interest of justice.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
(i) Condon the delay of ___days in filing the Civil Appeal filed against the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022; and
(ii) Pass any other or further orders as may be deemed fit and proper in the circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS/PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN THE ABOVE MENTIONED CIVIL APPEAL FILED BEFORE THIS HON’BLE COURT AS PARTY IN PERSONS
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - That the Petitioners in Person herein have not engaged the services of the an Advocate on Record as the Petitioner is well conversant and can diligently assist the court and the Petitioner in Person herein wishes to pursue the matter as in Person. A true copy of the Aadhar Card bearing No. 2979 5739 1137 of the Petitioner in Person No. 1 is annexed herewith and marked as ANNEXURE A-2 (PAGES 128).
A true copy of the Aadhar Card bearing No. 9377 1660 6859 of the Petitioner in Person No. 2 is annexed herewith and marked as ANNEXURE A-3 (PAGES 129).
A true copy of the Aadhar Card bearing No. 4607 2081 1026 of the Petitioner in Person No. 3 is annexed herewith and marked as ANNEXURE A-4 (PAGES 130).
A true copy of the Aadhar Card bearing No. 8120 9032 1274 of the Petitioner in Person No. 4 is annexed herewith and marked as ANNEXURE A-5 (PAGES 131).
A true copy of the Aadhar Card bearing No. 8634 9836 9864 of the Petitioner in Person No. 5 is annexed herewith and marked as ANNEXURE A-6 (PAGES 132).
A true copy of the Aadhar Card bearing No. 9325 2738 7697 of the Petitioner in Person No. 6 is annexed herewith and marked as ANNEXURE A-7 (PAGES 133).
A true copy of the Aadhar Card bearing No. 8951 0047 9062 of the Petitioner in Person No. 7 is annexed herewith and marked as ANNEXURE A-8 (PAGES 134).
A true copy of the Aadhar Card bearing No. 5281 1054 7535 of the Petitioner in Person No. 8 is annexed herewith and marked as ANNEXURE A-9 (PAGES 135). - That the Petitioners in Person herein are not willing to accept an advocate if appointed by this Hon’ble Court because she himself wants to explain her point of view regarding the above mentioned Writ Petition.
- That the Petitioners in Person ARE trying to put forth all the facts, circumstances and observations in the form of this Writ Petition before this Hon’ble Court.
- That the present application is being made in the interest of justice and no prejudice shall be caused to any party if the present application is allowed.
- That in light of the above, the balance of convenience lies in favor of the Applicant.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Allow the present Application and permit the Petitioners in Person to appear and argue the above mentioned Civil Appeal as in person before this Hon’ble Court;
b) Pass such other order or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS/PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)
SHRI MATHEWS J. NEDUMPARA & ORS.:
PETITIONERS IN PERSON
MOB. NO. +91 9820535428
RECORD OF PROCEEDINGS
SL. NO. DATE OF PROCEEDINGS PAGE NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
INDEX
S. No. Particulars of Documents Page No. of part to which it belongs Remarks
Part I
[Contents of Paper Book] Part-II
[Contents of file alone]
[i] [ii] [iii] [iv] [v]
Court Fees
1 O/R on Limitation A
2 Listing Performa. A1-A3
3 Cover page of Paper Book A-4
4 Index of Record of Proceedings A-5
5 Limitation Report prepared by the Registry. A-6
6 Defect List NS1-
7 Note Sheet
8 Synopsis & List of Dates B-F
9 Copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
1-6
10 Civil Appeal with affidavit. 7-16
11 ANNEXURE A-1
A true copy of the Writ Petition (Civil) No. 1005 of 2022 filed before this Hon’ble Court on dated 07.11.2022.
17-117
12 I.A. NO. OF 2024
Application for exemption from filing certified copy of the final impugned order. 118-120
14 I.A. NO. OF 2024
Application for condonation of delay in filing Civil Appeal. 121-123
15 I.A. NO. OF 2024
Application for permission to appear and argue in the above mentioned Civil Appeal filed before this Hon’ble Court as Party in Peson. 124-127
16 ANNEXURE A-2
A true copy of the Aadhar Card bearing No. 2979 5739 1137 of the Petitioner in Person No. 1. 128
17 ANNEXURE A-3
A true copy of the Aadhar Card bearing No. 9377 1660 6859 of the Petitioner in Person No. 2. 129
18 ANNEXURE A-4
A true copy of the Aadhar Card bearing No. 4607 2081 1026 of the Petitioner in Person No. 3. 130
19 ANNEXURE A-5
A true copy of the Aadhar Card bearing No. 8120 9032 1274 of the Petitioner in Person No. 4. 131
20 ANNEXURE A-6
A true copy of the Aadhar Card bearing No. 8634 9836 9864 of the Petitioner in Person No. 5. 132
21 ANNEXURE A-7
A true copy of the Aadhar Card bearing No. 9325 2738 7697 of the Petitioner in Person No. 6. 133
22 ANNEXURE A-8
A true copy of the Aadhar Card bearing No. 8951 0047 9062 of the Petitioner in Person No. 7. 134
23 ANNEXURE A-9
A true copy of the Aadhar Card bearing No. 5281 1054 7535 of the Petitioner in Person No. 8. 135
25 F/M 136
26 V/A 137-144
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
OFFICE REPORT ON LIMITATION
- Petition is within time.
- The Petition is barred by time and there is delay of —_ days in filing the same against order dated 24.04.2024 and petition for condonation of delay of _ days had been filed.
- There is delay of days in re-filing the petition and petition for condonation of _ days delay in re-filing has been filed.
BRANCH OFFICER
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
INDEX
SL. NO. PARTICULARS COPIES C/FEE
1 Office Report on Limitation 1+3
2 Listing Performa 1+3
3 Synopsis and List of Dates 1+3
4 Copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
5 Civil Appeal along with Affidavit.
6 Annexure A-1
7 I.A. NO. OF 2024
Application for exemption from filing certified copy of the final impugned order.
8 I.A. NO. OF 2024
Application for condonation of delay in filing Civil Appeal.
9 I.A. NO. OF 2024
Application for permission to appear and argue in the above mentioned Civil Appeal filed before this Hon’ble Court as Party in Peson.
10 Annexure A-2 to A-9
11 Vakalatnama and Appearance
Total
Filed by:
Dated: 23.05.2024
Place: New Delhi Mathews J. Nedumpara
Appellant In Person No.1,
101, 1st Floor, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400001, Maharashtra
Mob. No. 9820535428
E-Mail:mathewsjnedumpara@gmail.com
PROFORMA FOR FIRST LISTING
SECTION
The case pertains to (Please tick/check the correct box)”Central Act: (Title) Constitution of India Section: Article 32 of Constitution of India. Central Rule: (Title): NA Rule No(s): NA State Act: (Title) NA Section: NA State Rule: (Title) NA Rule No(s): NA Impugned Interim Order: (Date) NA Impugned Final Order/Decree: (Date) NA High Court: (Name) NA Names of Judges: NA Tribunal / Authority: (Name) NA
- Name of Matter: √
Civil
Criminal - (a) Petitioner/Appellant No. 1: SHRI MATHEWS J. NEDUMPARA & ORS.
S (b) E-mail ID: mathewsjnedumpara@gmail.com (c) Mobile Phone Number: 9820535428, 9447165650 - (a) Respondent No. 1: THE HON’BLE CHIEF JUSTICE OF INDIA AND ORS.
(b) E-mail ID: NA
(c) Mobile Phone Number: - (a) Main category classification: 18 Ordinary Civil Matter
1807 Others (b) Sub classification: 18 Ordinary Civil Matter
1807 Others - Not to be listed before: NA
- Similar / Pending matter:
(a) No similar matter is disposed of before this Hon’ble Court.
(b) No similar matter is pending before this Hon’ble Court. - Criminal Matters:
(a) Whether accused / convict has surrendered
Yes
No
(b) FIR No. NA Date: NA
(c) Police Station: NA
(d) Sentence Awarded: NA
(e) Sentence Undergone: NA
- Land Acquisition Matters: NA
(a) Date of Section 4 notification: NA
(b) Date of Section 6 notification: NA
(c) Date of Section 17 notification: NA - Tax Matters: State the tax effect: NA
- Special Category:
(First petitioner/appellant only) NA
Senior citizen > 65 Years
SC/ST
Woman/child
Disabled
Legal
Aid Case
In custody
- Vehicle number (in case of Motor Accident Claim matters): NA
Place:
Date: New Delhi
23.05.2024
MATHEWS J. NEDUMPARA
Petitioner in Person No. 1
E-Mail: mathewsjnedumpara@gmail.com
SYNOPSIS
The present Civil Appeal before this Hon’ble Court has been preferred by the Appellant against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the Collegium System of appointment of Judges to the Supreme Court and to High Courts has resulted in denial of equal opportunity to Petitioner Nos. 1 to 6 who are practicing lawyers, and also to thousands of others who are equally if not more deserving, but are never considered for appointment under the present Collegium System. The Appellants had also sought a further direction that the vacancies in the office of the Judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with Notice to the public at large, inviting objections, if any.
The instant Writ Petition was numbered and the Appellants, particularly, Appellant No. 1 mentioned the matter before the Hon’ble Chief Justice of India in the open court on not less that five occassions. The Hon’ble Chief Justice of India was pleased to direct the matter to be listed. However, to the great dismay and surprise of these Appellants, the case was never once listed. Appellant No. 1 even met the Registrar (Shri Puneet Sehgal) on a couple of occasions and brought to his notice the orders of the Hon’ble Chief Justice that were rendered in the open court; but apparently never reduced to writing. The Appellant No. 1 further requested the Registrar to bring this grievance to the notice of the Hon’ble Chief Justice. While matters stood thus, on 18.04.2024. The Appellant No. 1 yet again made an oral request before the Hon’ble Chief Justice to list the instant Writ Petition for hearing, while pointing out that despite repeated mentioning and despite earlier orders of the Hon’ble Chief Justice in the open court, the matter remains to be listed. The Hon’ble Chief Justice of India was pleased to direct these Appellants to send an email to the Officer concerned and assured that his Lordship would then consider the communication. The Appellants accordingly drafted the requisite letter of request for listing; and before the same could be emailed, the Appellant No. 1 received an email from the Supreme Court Registry, enclosing order dated 24.04.2024 purportedly under Order 45 Rule 5 of the Supreme Court Rules recalling the final registration of the instant Writ Petition.
The Appellants were shocked beyond words. The instant Writ Petition was registered in the year 2022 as Writ Petition (Civil) No. 1005 of 2022. The Registry gave a final number after the Appellants had cured all the defects and after fulfilling and satisfying all the procedural requirements. The petition was ripe for hearing in the year 2022 and was mentioned before the Chief Justice in November 2022 and thereafter mentioned multiple times. The matter being of public interest it was reported by the papers every time it was mentioned.
It is a fundamental principle of law that the Registry is an aid, a facilitator, and a servant of the Court. The functions of the Registry are primarily ministerial in nature. It has no jurisdiction to adjudicate pure questions of law and certainly not substantial questions of law of great ramifications as has been raised in the instant Appeal. The principal prayer sought for in the petition was a declaration that the judgment in the NJAC case is one rendered void ab initio on a subject matter over which the Courts have no jurisdiction, and that too, in a proceedings which was in no way representative in nature, conducted entirely behind the back of the people, in a matter concerning the public at large.
In pronouncing a judgment upon a Constitutional Issue of such great ramifications, which the Court alone is empowered to do, the Registrar has acted far beyond his jurisdiction. It is difficult to fathom how the Registrar could have ever ventured to take upon to himself the task of rendering a judgment on a larger Constitutional issue brought to the court for adjudication by 6 lawyers and 2 well meaning citizens. That too, when the Writ Petition had been given a final number, the matter was mentioned numerous times before the Hon’ble Chief Justice and his lordship was pleased to direct that the matter be listed at least five. The Appellants have never heard of single instance in the whole of this country where a registrar ventures to de-register and dismiss a petition which is duly numbered, that too behind the back of the parties. There cannot be a more curious case than the instant one, indeed a ‘riddle wrapped in a mystery inside an enigma’.
LIST OF DATES
1993 Collegium came into existence by virtue of a judgment of 9 Judge Constitution Bench of the Hon’ble Supreme Court of India, New Delhi.
2014 The Parliament by amending the Constitution and simultaneously enacted NJAC Act of 2014 sought to substitute Collegium by NJAC.
16.10.2015 A Five Judge Constitution Bench of the Hon’ble Supreme Court of India declared the 99th Constitutional Amendment Act and the NJAC Act as unconstitutional thereby revived the Collegium. Since then, the appointment and transfer of the Supreme Court and the High Courts is at the hands of the Collegium which has resulted in denial of equal opportunities for the Petitioners and thousands of Lawyers who are eligible, meritorious and who deserved to be considered.
02.11.2022 Instant Petition under Article 32 of the Constitution of India is instituted.
2022 The writ petition was registered in the year 2022 as Writ Petition (Civil) No. 1005 of 2022.
Appellant No. 1 mentioned the matter before the Hon’ble Chief Justice in the open court not less that 5 times.
18.04.2024 On 18.04.2024, the Appellant made an oral request yet again before the Hon’ble Chief Justice to list the above case for hearing, pointing out that despite repeated mentioning and orders of the Hon’ble Chief Justice in open court, the case remains to be listed.
24.04.2024 The Appellants received Email order from the Registrar of the Supreme Court deregistering and dismissing the instant Petition. The Appellants have never heard of single instance in the whole of this Country where a Registrar suo moto ventures to de-register and dismiss a Petition which was duly numbered, that too behind the back of the Petitioners.
24.05.2024 Hence this present Appeal.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(Arising out of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022)
BETWEEN POSITION OF PARTIES
IN THIS WRIT PETITION IN THIS CIVIL APPEAL
- SHRI MATHEWS J. NEDUMPARA, ADVOCATE, 101, 1ST FLOOR, GUNDECHA CHAMBER, NAGINDAS ROAD, FORT MUMBAI-400001, MAHARASHTRA.
PETITIONER NO. 1 APPELLANT
NO. 1 - ROHINI MOHIT AMIN, ADVOCATE, BOMBAY HIGH COURT, B-705, NIRMAN APARTMENTS, R.J. MARG, PUMP HOUSE, ANDHERI EAST, MUMBAI, MAHARASHTRA-400009.
PETITIONER NO. 2 APPELLANT NO. 2. - MARIA NEDUMPARA, ADVOCATE, 12-F, HARBOUR HEIGHTS, COLABA CAUSEWAY, MUMBAI, MAHARASHTRA-400005.
PETITIONER NO. 3 APPEALLANT NO. 3. - RAJESH VISHNU ADREKAR, ADVOCATE
401, D-14, YOGI VARDHAN CHS, YOGI NAGAR ROAD, YOGI NAGAR, BORIVILI WEST, MUMBAI, MAHARASHTRA-400 092.
PETITIONER NO. 4 APPELLANT
NO. 4 - HEMALI SURESH KURNE, ADVOCATE 28-A WING, SHUBH SHAGUN BUILDING,
RISHIKESH CHS LTD., SECTOR-34, MANSAROVAR, NAVI MUMBAI, MAHARASHTRA-410 209.
PETITIONER NO. 5 APPELLANT
NO. 5 - SHARAD VASUDEO KOLI, ADVOCATE, 68-1/1, GOLPHADEVI COLONY, WORLI VILLAGE, MUMBAI, MAHARASHTRA-400030. PETITIONER NO. 6 APPELLANT
NO. 6 - KARAN KAUSHIK, 3, NUGGET, 18TH ROAD, KHAR WEST, MUMBAI, MAHARASHTRA-400052.
PETITIONER NO. 7 APPELLANT
NO. 7 - MANISHA NIMESH MEHTA, CHARTERED ACCOUNTANT, 1905, ROSELLA, PANT NAGAR, GHATKOPAR,
MUMBAI, MAHARASHTRA-400075. PETITIONER NO. 8 APPELLANT
NO. 8
VERSUS - THE HON’BLE THE CHIEF JUSTICE OF INDIA, SUPREME COURT OF INDIA, TILAK MARG, NEW DELHI-110001.
RESPONDENT NO. 1 CONTESTING RESPONDENT NO. 1 - THE COLLEGIUM OF THE HON’BLE JUDGES OF THE SUPREME COURT OF INDIA, REPRESENTED BY THE HON’BLE THE CHIEF JUSTICE OF INDIA
SUPREME COURT OF INDIA, NEW DELHI-110001.
RESPONDENT NO. 2 CONTESTING RESPONDENT NO. 2 - SECRETARY GENERAL, SUPREME COURT OF INDIA TILAK MARG, NEW DELHI-110001.
RESPONDENT NO. 3 CONTESTING RESPONDENT NO. 3 - UNION OF INDIA, THROUGH ITS SECRETARY, DEPARTMENT OF LEGAL OF AFFAIRS MINISTRY OF LAW AND JUSTICE 4TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI-110001.
RESPONDENT NO. 4 CONTESTING RESPONDENT NO. 4 - PRINCIPAL SECRETARY, TO THE PRIME MINISTER PRIMER MINSTER’S OFFICE, 7 LOK KALYAN MARG, NEW DELHI.
RESPONDENT NO. 5 CONTESTING RESPONDENT NO. 5 - INDIAN NATIONAL CONGRESS THROUGH ITS NATIONAL PRESIDENT 24, AKBAR ROAD, NEW DELHI.
RESPONDENT NO. 6 CONTESTING RESPONDENT NO. 6 - BHARTIYA JANATA PARTY THROUGH ITS NATIONAL PRESIDENT, B.J.P. HEAD QUARTERS DEEN DAYAL UPADHYAY MARG, NEW DELHI. RESPONDENT NO. 7 CONTESTING RESPONDENT NO. 7
- COMMUNIST PARTY OF INDIA THROUGH ITS SECRETARY, AJOY BHAVAN, 15, INDRAJIT GUPTA MARG, NEW DELHI-110002.
RESPONDENT NO. 8 CONTESTING RESPONDENT NO. 8 - STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY, MANTRALAYA, MUMBAI, MAHARASHTRA-400032.
RESPONDENT NO. 9 CONTESTING RESPONDENT NO. 9 - STATE OF KERALA, THROUGH ITS CHIEF SECRETARY, THIRUVANANTHAPURAM, KERALA. RESPONDENT NO. 10 CONTESTING RESPONDENT NO. 10
- STATE OF TAMIL NADU, THROUGH ITS CHIEF SECRETARY, FORT ST. GEORGE, CHENNAI, TAMIL NADU. RESPONDENT NO. 11 CONTESTING RESPONDENT NO. 11
- STATE OF UTTAR PRADESH, THROUGH ITS CHIEF SECRETARY, SECRETARIAT LUCKNOW, UTTAR PRADESH.
RESPONDENT NO. 12 CONTESTING RESPONDENT NO. 12 - AAM AADMI PARTY, 206, ROUSE AVENUE, DEEN DAYAL UPADHYAY MARG, ITO, NEW DELHI-110002.
RESPONDENT NO. 13 CONTESTING RESPONDENT NO. 13 - TRINMOOL CONGRESS, 30B HARISH CHATTERJEE STREET, KOLKATA, WEST BENGAL-700026. RESPONDENT NO. 14 CONTESTING RESPONDENT NO. 14
APPEAL AGAINST THE ORDER DATED 24.4.2024 PASSED BY THE REGISTRAR (JA) OF THIS HON’BLE COURT UNDER ORDER 45 RULE 5 OF THE SUPREME COURT RULES.
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF
THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE APPELLANTS ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - The Appellants also sought a declaration that the Constitution (Ninety-Ninth) Amendment Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, was the will of the people on a matter which is in the exclusive province of executive and legislative policy, that the issue was not justiciable at all and that the judgment in the NJAC case was rendered void ab initio, non est and still born, one which never ever existed in the eyes of law, particularly since the so-called PIL filed by the Supreme Court Advocate On Record Association (SCORA) was not at all in the realm of a representative proceedings and was more of a “private interest litigation”. The Appellants further pointed out that it was a case of the fox being on the jury in the goose’s trial.
- QUESTION OF LAW:
A. Did not the Registrar far exceed his jurisdiction and act in the most arbitrary, callous and illegal manner in de-registering W.P (Civil) No. 1005/2022 which involves the adjudication of a question of law of overwhelming ramifications, namely, as to the validity of the judgment of the 5-judge Constitution Bench in the NJAC case, that too, entirely behind the back of the Appellants?
B. Is not the gravity of the abuse of jurisdiction by the Registrar aggravated by the undeniable fact that he ventured to de-register the appeal and reject it despite him being fully aware that the Appellant had mentioned the W.P. No. 1005/2022 atleast five times in the open court before the Hon’ble Chief Jusitce of India and his lordship had directed listing of the case?
C. Does not the Registrar, even assuming he has limited delegated judicial functions vested in him, become functus offio once the case has been finally registered and numbered, thereafter barred from reviewing his own decision?
D. Has not the Registrar acted in violation of fundamental principles of natural justice in attributing ulterior motives to the Appellants, lawyers and common citizens, in seeking undoing of the error which the judgment of the 5-judge constitution bench in the NJAC case constitutes to be?
E. Was not the Registrar a coram non judice, a usurper of a jurisdiction which does not belong to him in adjudicating upon the validy of the contentions raised by the Appellants in seeking reconsideration of the judgment of the 5-judge constitution bench in the NJAC case? - THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:
(i) That in the year 2022, the Appeallnts herein filed Writ Petition (Civil) No. 1005 of 2022 on dated 07.11.2022. A true copy of the Writ Petition (Civil) No. 1005 of 2022 filed before this Hon’ble Court on dated 07.11.2022 is annexed herewith and marked as ANNEXURE A-1 (PAGES 17 TO 117). - GROUNDS:
A. It is a fundamental principle of law that the Registry is an aid, a facilitator, a servant of the Court. Its functions are primarily ministerial in nature. It has no jurisdiction to adjudicate pure questions of law and certainly not substantial questions of law of great ramifications as has been raised in the instant Appeal. The principal prayer sought for in the petition was a declaration that the judgment in the NJAC case is one rendered void ab initio on a subject matter over which the Courts have no jurisdiction, and that too, in a proceedings which was in no way representative in nature, conducted entirely behind the back of the people, in a matter concerning the public at large.
B. In pronouncing a judgment upon a Constitutional Issue of such great ramifications, which the Court alone is empowered to do, the Registrar has acted far beyond his jurisdiction. It is difficult to fathom how the Registrar could have ever ventured to take upon to himself the task of rendering a judgment on a larger Constitutional issue brought to the court for adjudication by 6 lawyers and 2 well meaning citizens.
C. The Writ Petition had been registered, and given a final number after removal of all defects, the Matter was mentioned numerous times before the Hon’ble Chief Justice of India and his Lordship was pleased to direct that the matter be listed on at least five occasions when the same was mentioned. The Appellants submit that the Registrar has committed a manifest and patent error by venturing to de-register and dismiss a Petition which had already been numbered, and had been mentioned that too behind the back of the parties, without notice to the Appellants. - The Appellants herein has not preferred any other appeal against the the impug ned order and Judgment dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
PRAYER
In the aforesaid premises, the Appellant humbly pray that this Hon’ble Court may graciously be pleased to:
a) Admit and allow the present Civil Appeal and set aside the order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022 and to restore the said Petition to the files of this Court; and
b) Pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS / PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
DRAWN & FILED BY:MATHEWS J. NEDUMPARA APPELLANT NO. 1 (PARTY IN PERSON)
Place: New Delhi
Drawn on: 22.05.2024
Filed on: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY OF IMPUGNED ORDER
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - The Appellants submit that the contents of the accompanying Appeal may be read as part and parcel of the present application. For the sake of brevity full facts of the case are not reproduced herein.
- That the Appellant have filed the instant Civil Appeal with a copy of the impugned Judgment as obtained from the website of this Hon’ble Court .
- The Appellants further undertake to file the certified Copy of the impugned Judgment as and when the same is made available to these Appellants from the Registry of this Hon’ble Court.
- That the present Application is made bonafidely and in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to:
(a) Exempt these Appellants from filing the certified copy of the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022; and
(b) Pass such further order/orders, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANT/PARTY IN PESONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR CONDONATION OF DELAY IN FILING CIVIL APPEAL
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - That the facts of the case have been fully set out in the Civil Appeal. It is submitted that the facts stated in the Civil Appeal may be treated as part of this petition. The same are not reproduced herein for the sake of brevity.
- That the order impugned was passed by the Registarar of this Hon’ble Court on 24.04.2024, was communicated to the Appellant No. 1 on 25.04.2024.
- That these Appellants have a good case on merits and these Appellants have every chance of succeeding in the appeal. That if the delay is not condoned the Appellants will suffer irreparable loss and injury and hence this Hon’ble Court may be pleased to condone the delay in the interest of justice.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
(i) Condon the delay of ___days in filing the Civil Appeal filed against the final impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022; and
(ii) Pass any other or further orders as may be deemed fit and proper in the circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS/PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2024
IN
CIVIL APPEAL NO. OF 2024
IN THE MATTER OF:
SHRI MATHEWS J. NEDUMPARA & ORS. PETITIONERS
VERSUS
HON’BLE THE CHIEF JUSTICE OF INDIA & ORS. RESPONDENTS
APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN THE ABOVE MENTIONED CIVIL APPEAL FILED BEFORE THIS HON’BLE COURT AS PARTY IN PERSONS
TO,
THE HON’BLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPEAL OF THE
APPELLANTS/PETITIONER IN PERSONABOVE NAMED
MOST RESPECTFULLY SHOWETH:
- The present Civil Appeal before this Hon’ble Court has been preferred by the Appellants against the impugned order dated 24.04.2024 passed by the Registrar (J-A) of this Hon’ble Court in Writ Petition (Civil) No. 1005 of 2022.
The instant Appellants invoked the jurisdiction of the Supreme Court under Article 32 for a declaration that the collegium system of appointment of judges to the Supreme Court and the High Court has resulted in the denial of equal opportunity to Petitioner nos. 1 to 6 who are practicing lawyers, and thousands of others who are equally if not more deserving, but are not considered for appointment. The Appellants also sought a further direction that the vacancies in the office of the judges of the High Courts and Supreme Court be notified, and applications for all eligible and desirous be invited and selection be made with notice to the public at large, inviting objections, if any. - That the Petitioners in Person herein have not engaged the services of the an Advocate on Record as the Petitioner is well conversant and can diligently assist the court and the Petitioner in Person herein wishes to pursue the matter as in Person. A true copy of the Aadhar Card bearing No. 2979 5739 1137 of the Petitioner in Person No. 1 is annexed herewith and marked as ANNEXURE A-2 (PAGES 128).
A true copy of the Aadhar Card bearing No. 9377 1660 6859 of the Petitioner in Person No. 2 is annexed herewith and marked as ANNEXURE A-3 (PAGES 129).
A true copy of the Aadhar Card bearing No. 4607 2081 1026 of the Petitioner in Person No. 3 is annexed herewith and marked as ANNEXURE A-4 (PAGES 130).
A true copy of the Aadhar Card bearing No. 8120 9032 1274 of the Petitioner in Person No. 4 is annexed herewith and marked as ANNEXURE A-5 (PAGES 131).
A true copy of the Aadhar Card bearing No. 8634 9836 9864 of the Petitioner in Person No. 5 is annexed herewith and marked as ANNEXURE A-6 (PAGES 132).
A true copy of the Aadhar Card bearing No. 9325 2738 7697 of the Petitioner in Person No. 6 is annexed herewith and marked as ANNEXURE A-7 (PAGES 133).
A true copy of the Aadhar Card bearing No. 8951 0047 9062 of the Petitioner in Person No. 7 is annexed herewith and marked as ANNEXURE A-8 (PAGES 134).
A true copy of the Aadhar Card bearing No. 5281 1054 7535 of the Petitioner in Person No. 8 is annexed herewith and marked as ANNEXURE A-9 (PAGES 135). - That the Petitioners in Person herein are not willing to accept an advocate if appointed by this Hon’ble Court because she himself wants to explain her point of view regarding the above mentioned Writ Petition.
- That the Petitioners in Person ARE trying to put forth all the facts, circumstances and observations in the form of this Writ Petition before this Hon’ble Court.
- That the present application is being made in the interest of justice and no prejudice shall be caused to any party if the present application is allowed.
- That in light of the above, the balance of convenience lies in favor of the Applicant.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Allow the present Application and permit the Petitioners in Person to appear and argue the above mentioned Civil Appeal as in person before this Hon’ble Court;
b) Pass such other order or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR ACT OF KINDNESS THE APPELLANTS/PARTY IN PERSONS SHALL AS IN DUTY BOUND AS PRAY.
FILED BY
MATHEWS J. NEDUMPARA
APPELALNT IN PERSON NO. 1
MOB. NO. 9820535428
Place: New Delhi
Dated: 24.05.2024
