Manmade Disaster, A Human Right Issue in India^_i

(By A.Mohamed Mustaque^_ii, Advocate, MK.Associates, Ernakulam)

Introduction

Uttarakhand disaster may be natural, but heavy toll taken on life could be contributory, well whether it is natural disaster or manmade disaster, it affects not only our life but our economic development as well. Much before the regulatory form of law as we have today, all major religious scriptures had exhorted moral guide and infused spirituality on humanity in the matter of preservation of environment, therefore from the dawn of civilization mankind viewed it has legal and moral duty to preserve human environment. India is having diverse and rich philosophical traditions. Vedas have many references to environment protection. “The Rig Veda venerates deities like Mitra, Varuna, Indra, Maruts and Aditya, that are responsible for maintaining the requisite balance in the functioning of all entities of Nature whether the mountains, lakes, heaven and earth, the forests or the waters. Seers recognised that changes caused due to indiscreet human activities could result in imbalances in seasons, rainfall patterns, crops and atmosphere and degrade the quality of water, air, and earth resources” (Vedic perspective of environment, by SHARMA. S.N. published Times of India dt. 30.6.2009.) .In holy Quran in Chapter 30 Verse 30 it is stated “Devote thyself single-mindedly to the Faith, and thus follow the nature designed by Allah, the nature according to which He has fashioned mankind. There is no altering the creation of Allah”. In the Old Testament the Jews were told to rest the land once every 50 years so that it would produce more in the future (Leviticus 25:8-11). They were also ordered not to destroy trees when they were attacking a city: When you lay siege to a city for a long time, fighting against it to capture it, do not destroy its trees by putting an axe to them, because you can eat their fruit. Do not cut them down. Are the trees of the field people, that you should besiege them? (Deuteronomy 20:19). In historical and philosophical perspective the human environment is not subject of recent origin, however on advent of globalization and technological advancements it assumes so much importance as causes of such disaster often attributable to actions on the part of human in the name of development. The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948, was the result of the experiences of the Second World War. Much of the development of law on the subject after 1948 is to protect individual from any infraction of fundamental right or human right in relation to the environment. In Indian scenario Bhopal gas tragedy was a catastrophe and considered as the world’s largest industrial disaster. Despite lapse of more than three decades we are yet to grapple with the regulatory measures on human right violations by non–state actors such as transnational corporations. Technology also developed into such a sphere wherein it is possible to warn people of any impending disaster. These human rights standards are of great practical import as they empower actual and potential victims of disasters to demand that authorities take the necessary measures to prevent deaths. Access to justice for the victims of natural and manmade disaster is considered fundamental form of human rights through various declarations of international conventions of United Nations. The objective of this paper is to highlight requirement of legal frame work in India on the key issues mentioned as above.

International law frame work on human environment: Stockholm Convention 1972 is the earliest UN Conference on Human Environment and is generally seen as starting point of modern international framework on human environment. Stockholm Convention adopted Common Principles to inspire and guide world on preservation and enhancement of human environment. In Essar oil Ltd v. Halar Utkarsh Samithi (2004)  2 SCC 392). Hon'ble Supreme Court at Para 25 observed that Section 29 of Wild Life Protection Act must be read in the light of Stockholm Declaration which is the magnacarta of our environment. In fact our Constitution was amended in the year 1976 to incorporate Article 48 A in the light of Stockholm Declaration. In 1982 World Charter on Nature was adopted by UN General Assembly. It reiterated link between right to life and environment as declared in Stockholm Convention and also stressed for evaluation of eco system for the purpose conservation. It is pertinent to highlight that Charter had adopted in principle the avoidance of military activity damaging nature. The United Nations Conference on Environment and Development, met at Rio-de Janeiro from 3 to 14th June 1992.  Rio Declaration builds up on basic idea concerning attitude of individual and State towards protection of environment. It declared that the States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage and in order to protect the environment, the precautionary approach shall be applied by States according to their capabilities. Further declared that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority. Earth Summit held in 2002 at Johannesburg and in 2102 at Rio are major UN Conference on Sustainable Development.

Human rights violation by non-state actors: Human rights historically viewed as shield against abusive actions on the part of the State. “Non-state actors (NSA) are entities that participate or act in international relations; they are organizations with sufficient power to influence and cause a change even though they do not belong to any established institution of a State”(Dictionary of the Social Sciences Cengage learning. Source Wikipedia viewed on 11.10.13.) Government especially in the third world countries are often vulnerable or attracted to foreign investments for its existence or growth. Some of the transnational corporations are having revenue higher than GDP of some countries. States’ functions are taken over by these entities which is susceptible to violate human rights. In all parts of the world, human rights and environmental abuses are taking place as a result of the direct or indirect action of corporations defining or comprehending these violations as human right violations by these entities is exacting in the context of globalization and opening up of economy in India. In 2005, the U.N. Commission on Human Rights adopted a resolution on “Human Rights and Transnational Corporations and Other Businesses”, which requested the Secretary-General to appoint a Special Representative on the Issue of Human Rights and Transnational Corporations and Other Businesses. Much before these Initiative OECD (Twenty countries originally signed the Convention on the Organisation for Economic Co-operation and Development on 14 December 1960, India is not yet become part of it) Guidelines in this context is worth to mention. The OECD Guidelines for Multinational Enterprises are a unique, government-backed international corporate accountability mechanism aimed at encouraging responsible business behaviour around the world. They define standards for socially and environmentally responsible corporate behaviour and prescribed procedures for resolving disputes between corporations and the communities or individuals negatively affected by corporate activities. The OECD Guidelines are recommendations from governments to multinational enterprises operating in or from countries that are signatory to the Declaration on International Investment and Multinational Enterprises including the Guidelines. They provide guidance for responsible business conduct in areas such as: labour rights, human rights, environment etc. Governments that adhere to the Guidelines must establish an NCP (National Contact Points) to promote the Guidelines and handle complaints against companies that have allegedly failed to adhere to Guidelines’ standards. The ‘specific instance’ procedure – as the Guidelines’ complaint process is officially called – is focused on resolving disputes – primarily through mediation and conciliation, but also through other means – and can be used by anyone who can demonstrate an ‘interest’ (broadly defined) in the alleged violation what we do need in India is a legislation to define and conceptualize certain actions on the part of MNC's as human right violation, whether it is Indian origin or foreign origin company to bring criminal and tortious accountability to such actions. Our criminal justice delivery system is not adequate to fasten criminal liability on top management of MNC's on their criminal actions in host countries, seminally we need a law like Aliens Tort Statue in USA. The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act, has been a powerful tool through which foreign victims of human rights abuses can seek civil remedies in U.S. courts. This would enable victims of foreign nations to seek justice from Indian courts against abuses of Indian MNC's. In Ecuador, a historic class action lawsuit against Chevron Oil Company found favorably for thousands of victims who, 18 years after the trial, will be compensated for damages resulting from the contamination of water by the company, which was fined $9.5 billion. In Italian case of criminal liability, An Italian court has convicted a Swiss tycoon and a Belgian Baron of negligence over some 2,200 asbestos-related deaths. Stephan Schidheiny and Jean-Louis de Cartier each got 16 years in prison.The Turin court found the two had failed to comply with safety rules at building firm Eternit, where they were key shareholders. They denied the charges. Prosecutors argued that thousands had died from contact with asbestos fibres processed in four of the firm’s plants. Swiss Schmidheiny, 64, and Belgian De Cartier, 90, were sentenced in absentia.

Duty of warning: The importance of early warning has been underlined in various resolutions of the General Assembly as a critical element of disaster reduction. When the International Strategy for Disaster Reduction (ISDR) was established in 2004 as the successor to the International Decade for Natural Disaster Reduction (IDNDR, 1990-1999), promotion of early warning was clearly underlined and included in its mandate. In response to the call for establishing a suitable framework for advancing early warning as an essential risk management tool, the International Early Warning Programme (IEWP) was proposed at the EWC II in 2003. Convention on the early notification of a nuclear accident and convention assistance in the case of a nuclear accident or radiological emergency, adopted in 1986 following the Chernobyl nuclear plant accident. Principle XI UN Remote Sensing Principle stipulates that remote sensing shall promote the protection of mankind from natural disaster. Is there any duty of warning? I must say yes, on the part of State. In Vishaka & Ors v. State Of Rajasthan & Ors (1997 (2) KLT SN 72 (C.No.72) SC = JT 1997 (7) SC 384) Hon'ble Supreme Court held “any International Convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee”. Distinction between natural disaster and manmade disaster underlies on foreseeability. Certainly manmade disaster is foreseeable due to inherent risk involved in any of those activities. Even natural disaster is quite effectively predictable, recent cyclone ‘Phaline’ was accurately predicted by Indian Meteorological Department by utilizing satellite and doppler radar which resulted on minimal loss of life in the coastal areas of Odisha and Andhra. Article 21 of the Constitution though couched negative phrase, is capable to command the State to protect its subjects on every aspects of their life within its means. European Court of Human Rights  IN  THE  CASE OF  ÖNER YILDIZ  v.  TURKEY  2004  had occasion to deal with similar issue. The applicants in this case suffered loss on account of an explosion of methane, occurring as a result of the “decomposition” of household waste. The applicant alleged that the facts complained of had given rise to violations of Article 2 right to life. Court found that the Turkish authorities had known or ought to have known that there was a real or immediate risk to persons living near the rubbish tip, they had an obligation under Article 2 of the Convention to take such preventive operational measures as were necessary and sufficient to protect those individuals. However, Istanbul City Council had not only failed to take the necessary urgent measures but had also opposed the recommendation by the Prime Minister’s Environment Office to bring the tip into line with the applicable standards..Same court In the CASE  OF  BUDAYEVA  AND OTHERS  v.  RUSSIA  2008 also interpreted “right to life “in the context of duty of warning. Applicants in this case relying on Articles 2, 8 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and on Article 1 of Protocol No. 1 to the Convention, alleged that the national authorities were responsible for the death of Mr. Budayev, for putting their lives at risk and for the destruction of their property, as a result of the authorities’ failure to mitigate the consequences of a mudslide which occurred in Tyrnauz on 18-25 July 2000.Applicants maintained that the authorities had found themselves in a position where they were simply incapable of providing an adequate response to the disaster or of giving an early warning because they had failed to ensure the functioning of the safety infrastructure. These omissions of the authorities had failed to comply with their positive obligations to take reasonable and appropriate measures to protect people and property from the hazards to which the area was subject. Court held that the Article 2, lays down a positive obligation on States to take appropriate steps to safeguard the lives of those within their jurisdiction. This positive obligation entails above all a primary duty on the State to put in place a legislative and administrative framework designed to provide effective deterrence against threats to the right to life.

Access to justice: Nearly thirty years after the Bhopal tragedy, in which toxic gases leaked from a plant owned by the Union Carbide Corporation, thousands of surviving victims are still waiting for fair compensation, adequate medical treatment and rehabilitation. Concept of access to justice is primarily concerned about proving adequate, substantive and procedural laws and forum for seeking justice. Principle 22 of Stockholm Convention provides that “States shall co-operate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction”. Similarly Article 8 of Universal Declaration declares that ‘everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rightsgranted by the constitution or by law’. Thus efficient and adequate mechanism to redress the grievance of victims is primordial element in human right jurisprudence.

Conclusion : Indian courts had progressive outlook on Article 21of the Constitution and effectively used it to prevent and for remedial actions on any damage being caused on environment often through public interest litigation. However we lack substantial law on inculpating top brass of corporate entities for any violation of human rights, so also on corporate liability on human rights violation. Provision for class actions and effective forum to claim compensation or damages should be the back bone of any legal framework. Multi door courts could be an institutional answer to deal the issue of platform. In multi door court, mediation, conciliation and compulsory arbitration could be used under one umbrella to resolve dispute efficiently and effectively. Multi door court should be institutionalised under legislation and empower government to invoke on exigency. Country like Nigeria is effectively using this concept as part of their justice delivery system. Holmes JR in his famous book ‘The Common Law’ has stated that life of law has not been logic: but has been experience, did we learn from experience from Bhopal Tragedy or Uttarakhand disaster? We can hope our statesmen will prove Holmes JR was not wrong.

i    Paper presented at Asia-Pacific Jurist Seminar. Kochi, 15.10.13.

ii   mushiamm@gmail.com

Green Tribunal : To Deal with Substantial Environmental Issues 

(By P.B. Sahasranaman, Advocate, High Court of Kerala)

The need for constituting environmental court was recommended in 1986, by Bhagwati, C.J. (M.C. Mehta v. Union of India (1986 (2) SCC 176), 202. ) The Court suggested to the Government of India that cases involving issues of environmental pollution, ecological destruction and conflicts over national resources are increasingly coming up for adjudication and these cases involve assessment and evolution of scientific and technical data, it might be desirable to set up environment courts on the regional basis with one professional Judge and two experts drawn from the Ecological Sciences Research Group keeping in view the nature of the case and the expertise required for its adjudication.

As a result after several years, the National Green Tribunal (NGT) was established under the National Green Tribunal Act 2010 which has jurisdiction over all civil cases where substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and such questions arises out of the implementation of any of the seven legislations scheduled therein. 

What are the substantial questions relating to environment and what are the cases where the question of legal right to environment arises. It depends on the facts and circumstances of each case. Recently the Supreme Court of India (Bhopal Gas Peedith Mahila Udyog Sangathan v Union of India. (AIR 2012 SC 3081:2012 (8) SCC 326).)held that the environmental issues covered under the NGT Act, Schedule 1, should be instituted and litigated before the National Green Tribunal. But the Supreme Court has not sent the issue in the said case which pertains to the Relief and Rehabilitation Programme done under the directions of the Supreme Court obviously for the reason that there is no substantial question relating to environment. Supreme Court has transferred the proceedings to the Madhya Pradesh High Court.

Bombay High Court (Gangadhar Narsingdas Agrawal v. Ministry of Environment and Forests. 2013 (4) AIR(Bom) Reporter 969 4 (1998) 8 SCC 1.) has the opportunity to consider the question about the maintainability of a Writ Petition, in a case where appeal is provided under the NGT Act. The Division Bench relied on the judgment in Whirlpool Corporation ((1998) 8 SCC 1)which held that existence of alternative statutory remedies would not operate as a bar in at least three contingencies, namely, where the Writ Petition has been filed for enforcement of any of the fundamental rights or where there has been a violation of the principles of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. The Court held that the impugned orders have been passed in clear breach of the principles of natural justice and the petitions deserve to be admitted notwithstanding the judgment of the Apex Court in the case of Bhopal Gas Peedith Mahila Udyog Sangathan and others (supra).

Under the environmental jurisprudence most the decisions are rendered relying on the right to life conferred under Art.21 of the Constitution of India. Principles of absolute liability, precautionary principle, public trust, polluter pays, etc do not have direct support under any enactments. Therefore while applying these principles in consonance with those enactments under the Schedule-1 to the NGT Act substantial issues arises. The proper test according to me for determining whether any substantial question relating to environment be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether there is any question finally decided by the Court. If the question is already settled by the highest court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or that the plea rose is palpably absurd the question not be a substantial question of law. It depends on the facts and circumstances of each case the substantial question arises. 

Inaction by the authorities to act under law, blatant violation of the conditions of consent imposed, discharge of pollutants than prescribed level, carrying out operations in clear violation of environmental laws are some of the examples of writs that are commonly filed in the High Courts. According to me no substantial environmental issues arises in such cases and it will not come within the scope of the jurisdiction of the NGT.

In the environmental field, the uncertainty of scientific opinions has created serious problems for normal writ courts to deal with. Being mindful of this handicap, in regard to the different goals of Science and the law in the ascertainment of truth, the U.S. Supreme Court(Daubert v. Merrel Dow Pharmaceuticals Inc,(1993)113 S.Ct 2786.)  observed in that

 .... there are important differences between the quest for truth in the Court-room and the quest for truth in the laboratory. Scientific conclusions are subject to perpetual revision. Law, on the other hand, must resolve disputes finally and quickly. 

It has also been stated by Brian Wynee in ‘Uncertainity and Environment Learning: Reconceiving Science and Policy in the Preventive Paradigm,’ (Global Environmental Change (111) (1992)that ‘Uncertainty, resulting from inadequate date, ignorance and indeterminacy, is an inherent part of science.’ Adjudicatory bodies for environmental matters need to be conscious of such limitations in reconciling law and science. 

Supreme Court of India was of the same view that when the directed the constitution of authority for the implementation of the precautionary principles and polluter pays principle,they directed that the authority shall be headed by retired Judge of the High Court and it may have other members preferably with expertise in the field of pollution control and environment protection to be appointed by the Central Government.( Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC 2715).)

The Land and Environment Court of New South Wales in Australia, established in 1980, is the role model court. It is a superior court of record and is composed of four Judges and nine technical and conciliation assessors. Its jurisdiction combines appeal, judicial review and enforcement functions. Such a composition is necessary and ideal to deal with environmental matters (A.P.Pollution Control Board v Nayudu (AIR 1999 SC 812).).

Pendency Unabated

(By P. Rajan, Advocate, Thalasserry)

Irrefutable revelation made by authoritative sources shows that nearly three crores of cases are pending in different courts across the country including the pendency before the Supreme Court. This statistics is capable of causing dismay and disbelief but considering the population of the nation, coupled with diversity in social, educational and economic background of the citizenry, host of central and regional enactments, this number is not mind-blogging. The statistics is likely to stagger on evaluation of the ratio of cases being filed, disposal made as the number of courts are more compared to the Judges posted, leading to patent disproportionate situation. To address this escalation of pendency of cases as early in 1980 alternate mode of disposal of cases by mediation came in to effect at the behest of Supreme Court Judges after getting approval of the Central Law Ministry. The attempts had shown result but was not so successful by passage of time inspite of acceptance by several States, the system for alternate disposal methods. But the present ratio of pending cases and disposal being arrived at by implementing different methods appear to be not so result oriented due to varying reasons even in our State and leaves much to be observed as the luscious system can’t turn out to be prevaricating. In tune with the Supreme Court’s directive on recommendation of the Law Ministry, getting concurrence of the State Government and the High Court, experimental measures like evening courts in selected centers, “justice on wheels”, even came into effect but such steps for resolving disputes do not satisfy the idea behind the effort. Even in the Adhoc courts fondly named as Fast Track Courts or Addl.Courts, the cases are not being disposed of early, due to many reasons. Lawyers of Midas touch even agree for quick disposal but can’t be done due to simple reasons like non availability of the lower court records, material objects, etc. It is no secret that trivial matters like appeals relating to S.138 of the N.I. Act, which are aplenty-even if the case is genuine with no serious contentions; amount involved being meager, final verdict takes years. Such impervious situation needs deserving change and time bound verdict need be given or else the litigant’s confidence will remain shaky to the system. Before civil courts also situation is no different. Land lord-father to pass on the legacy of litigation to his children in Rent Control Petitions due to delayed trial. Interlocutory applications getting prolonged as law permits claims and counter claims. In criminal cases the provisions of plea bargaining introduced recently as stipulated in S.265 A to S. 265 L remain to be redundant, deserves simplification by judicial pronouncements for proper application to compound cases, specified.

Disheartening happenings, though avoidable, made the very efficacy of the system facetious. Article 124(3) of the Constitution speaks about appointment of Supreme Court Judges but no article says about the level of performance to be made by a Judge. Denial of elevation of a lawyer of the High Court, for Judge’s post due to the resentment of the Chief Justice of that High Court, resulted in denial to that Chief Justice, Supreme Court judge’s post also became an issue of serious controversy. See the happening regarding selection of District Judges in our State. Persons who after satisfying required norms got selection as District Judges, served for a while but shown the doors for no fault of such persons; reason being their score card was altered to fill the bill by none other than the selection board.

Necessity knows no magic formula and the situation cannot be overlooked either. Rules available mandate disposal of several types of cases coming under certain enactments within specified time but such directives are often in breach than in observance. Instant justice is an impossibility but speedy justice in deserving cases need be given or else on high expectation, people venturing to legal action with genuine grievance, even delay at the lower strata, public outcry will be the outcome as delayed justice is buried justice, not a hollow adage time bound result will be distant dream. Serious efforts by the High Court and District Courts and routine evaluation, spearheading to reduce the pendency maximum possible, is the need of the hour. By ear marking matters which deserve early disposal by speedy service of process, getting relevant records and allied materials immediately on admission stage itself will not be a futile exercise to achieve the goal regarding reducing pendency of cases to considerable extent.

Remembrance of Siby Mathew

(By Hon'ble Justice K.T. Thomas, Former Judge, Supreme Court of India)

The sad news that Mr. Siby Mathew, the Chief Editor of Kerala Law Times passed away on 16th November, 2013 reached me on the same day.  Though I knew that his health condition was not very sound earlier, I did not expect that he would be called to his Heavenly abode so soon as now.  Hence the news impelled a shock in my mind.    

The long career of Siby Mathew in the legal profession  was impressive both as advocate and as the Chief Editor of Kerala Law Times. When he took over the reins of the journal on the demise of his father the late   M.C. Mathew, who was its founder, the journal had already attained considerable heights.  It was to the credit of Siby Mathew that he did not rest with the growth  the journal attained during the time of its founder, he devoted his might and acumen to register further progress. During his lifetime KLT has grown to much higher levels.  Every reader of the journal will remember gratefully the labour undertaken by him to make the publication available as fast as possible.  In spite of spending so much time for the publication , Siby Mathew  could find time to attend to his briefs  as a dutiful advocate  in various courts with great sagacity and thoroughness.  His colleagues found him very courteous and friendly, at the same time, humble and pleasant  in behavior.  Judges found him presenting his briefs with meticulous precision, showing  utmost respect to the court. I have not come across a Judge who ever had any undelectable  experience from Siby Mathew.

He was very keen to keep up lofty standards for Kerala Law Times, as he was conscious that he got the legacy from his father who  founded  and fostered the journal to admirable level.  Infliction of the dreadful illness on him did not diminish his verve nor  lessen his confidence, he fought against it and proved to all others that no health condition could defeat his devotion to work.

The best way to pay tribute to Siby Mathew is to keep up the elevated standards for the journal which he left behind for his successors to persue.

SIBY MATHEW -- A Remembrance 

(By Hon'ble Justice Kurian Joseph, Judge, Supreme Court of India)

It was with great shock and pain that I learned about the sad and untimely demise of my dear friend Siby Mathew. I know him close ever since I started my practice in the High Court in 1979. I have been greatly impressed by his stupendous memory of the case law. His personal notes on some of the decisions in his capacity as Chief Editor have always helped people like me to think differently and research deeply. I have also seen in open court some of the Hon’ble Judges refreshing their memory on settled positions, with Siby. I had occasion also to know him closely as Member of the Bar Council of Kerala and later as Member of the Bar Council of India from 1987 to 1992. In Delhi, some of his old associates have also been recollecting their fond memories. They were also pained to know about the sad demise of Siby.

I have always admired Siby for his simplicity, integrity, tenacity, intimate knowledge about the finer points of law, his immense capacity for work, etc. Work was his passion. When serious health problems afflicted him in early 2000, it was in work that he found solace. He would immerse himself in judgments, understanding the intricate nuances of law. The study of law was something close to his heart. It was like a kind of obsession with him. It is this obsession that made him so successful as the Chief Editor of Kerala Law Times. His departure is a loss for our legal fraternity.

Yet another phase of his life I have come to know is that he was deeply religious and he has also been very generous in helping the poor and needy. He was very keen to keep these things personal and never wanted anybody to know about it and yet many of the beneficiaries have shared these things privately to me. His deep faith in god actually and only gave him hope in life when he suddenly came to know of his deadly disease. I had very deep appreciation for his faith in God and faith generated willpower which took him a long way and gave him effective and proper response to the medicines. Equally, I was deeply impressed by the fervent faith of his wife, children and other close family members whose prayers had certainly helped him to bravely go forward.

I take this opportunity to express my sincere condolences to Siby’s family members, and the management and staff of Kerala Law Times. I know words are of little comfort. May God Almighty give the strength to bear with his bereavement.