Lawyers move SC for judges

By S A Ishaqui
Hyderabad, Dec 23: Advocates of the AP High Court have taken an unprecedented decision to move the Supreme Court to end the delay in appointment of judges. An extraordinary general body meeting of the Bar Association of the AP High Court held here resolved to file a writ petition in the SC seeking a direction to the Chief Justice to fill up the vacancies of judges.
This is for the first time in its history that the Bar Association has decided to initiate legal steps to ensure that vacancies of judges are filled up. The body also asked its members to wear black badges while attending court to register their protest. Though a majority of the members of the association called for a boycott of the courts, it was finally turned down.
The advocates were upset that the collegium did not even bother to have a meeting to recommend the names of the advocates from the Bar for elevation as judges. There are 19 vacancies of judges in the High Court and of them 10 have to be filled up from the Bar.

AP road shows banned

By S A Ishaqui

Hyderabad, Nov. 25: The Andhra Pradesh High Court on Tuesday imposed a temporary ban on road shows by political parties stating that they were causing much inconvenience to people.
A division bench comprising of Chief Justice Anil R. Dave and Justice R. Subhash Reddy directed the police not to allow any party to conduct road shows till further orders.
The bench gave this order while dealing with a petition filed by Mr Narendra Sarma, general secretary of Abhipraay, an NGO, seeking a ban on road shows.
Before passing the orders, the bench sought the opinion of the Advocate-General, Mr C.V. Mohan Reddy, who replied that the state government did not have any objection if the court passed an interim order.
However, Mr Raghunandan, counsel for the Praja Rajyam, objected to the petitioner’s request and said road shows were part of the democratic process.
Justice Dave then pointed out that five people have already died in road shows. “Is that a democratic process?” he asked. “We will not allow people to die in the name of road shows.”“Who gave you the right to occupy streets and lanes?” Justice Subhash Reddy asked the PR counsel. “In which provision of law is it permitted?”
Justice Dave asked the PR counsel to file his counter affidavit. It also asked all political parties to file their replies to the petition within a week.

AP High Court sets aside GO to take back IDBI land

By S A Ishaqui
Hyderabad, Nov. 22: The Andhra Pradesh High Court held that the state government should not take back unutilised land from a allottee without following the law. Justice N.V. Ramana, in a recent judgment, found fault with the revenue department which took back 10 acres of land from Industrial Development Bank of India Limited at Gachibowli.
While allowing the petition filed by the IDBI challenging the proceedings of the local tehsildar to take back the land, the judge observed that "since the order, though preceded with a notice, which in fact, is in the nature of a final order, did not give any opportunity to the petitioner to submit its explanation and sought to take away the rights of the petitioner over the land."
The judge further said the order cannot be sustained. "It is not only illegal and arbitrary, but in its issuance, principles of natural justice are glaringly violated," he added.
According to the petitioner, the government allotted 50 acres to IDBI to establish Jawaharlal Nehru Institute of Development Banking, known as JN IDBI Staff College at Gachibowli in 1982. It developed a training college, staff quarters and other infrastructure facilities on 30 acres and it planned to make use of the unutilised land. It said that it appointed the Central Public Works Department to undertake a project management consultancy relating to the proposed expansion of infrastructure facilities of the apex level unit.
The IDBI entered into a Memorandum of Understanding on January 22, 2008 with CPWD and also deposited Rs 50 lakh. The petitioner told the court that it was surprised to receive a notice on December 10, 2007 advising them to hand over 10 acres of vacant land as it was required for public purpose.

HDFC plea admitted

By S A Ishaqui
Hyderabad, Oct 31:The AP High Court admitted a petition filed by the HDFC Bank Limited challenging the notice issued by the commercial tax department saying that sale of motor vehicles by the bank to recover debt due to it from borrowers was chargeable to VAT under the AP VAT Act. Mr N. Pratap Kumar, legal manager of the bank filed the petition, stating that the commercial tax department served the notice for the assessment years 2005-06 and 2006-07 to pay Rs 3.5 crore as VAT.
While arguing the case, senior counsel, Mr S.R. Ashok, contended that the principal borrower would not be liable under VAT if the vehicle is sold because he does not sell his vehicle as part of his business, which was a mandatory requirement under Section 2(28) of the VAT Act.
He told the court that the transaction remains a financial one. A division bench comprising Justice Meena Kumari and Justice Ramesh Ranganathan admitting the petition asked the bank to deposit one third of the amount and issued notice to the commercial tax department.

Plea on VIP property

By S A Ishaqui
Hyderabad, Oct 31 : The AP High Court on Friday directed the government to make available to the petitioners all the files, including note filings of the Cabinet, pertaining to allotment of house sites to legislators, bureaucrats and journalists. While dealing with a petition filed challenging the allotment of house sites a special bench comprising Justice C.V. Nagarjuna Reddy and Justice Nooty Ramamohan Rao issued the orders.
The petitioner contended that their plea to make the records available was ignored by the office of advocate general.
Before issuing orders the judges sought to know if the government would oppose the plea. The AG or government pleaders were not present then.
The bench also observed that it was only an assumption of the petitioner that journalists would turn loyal to the government after receiving a benefit. "Will Opposition legislators stop criticising the government once they get house plots?," the bench asked the petitioner’s advocate.
Further, the judges did not agree with the petitioners’ argument that the basic market value fixed by the government would be obnoxiously low.
The case was posted for November 15 for further hearing.

Hold class for students : High Court

By S A Ishaqui
Hyderabad, Oct. 31: The Andhra Pradesh High Court on Friday told the state government to make alternative arrangements to conduct classes for students affected by teachers strike. Dealing with a public interest litigation filed against teachers strike, a division bench comprising Chief Justice Anil R. Dave and Justice R. Subhash Reddy asked senior counsel Mr Bojja Tarakam, who appeared on behalf of the teachers: "Can students get back days lost due to teachers strike?"
The court also asked the advocate-general, Mr C.V. Mohan Reddy, what alternative arrangements were made to meet the situation. The court asked Mr Tarakam if teachers had resumed their duties? Mr Tarakam replied in negative and said that if they joined duty, the government would not consider any of their demands. He said that teachers have lost faith in the government as it did not fulfil its earlier promises. He said that if the government wants to take action against teachers, it is free to do so.
The court said that teachers should join duty first and then their demands can be taken care of. Justice Subhash Reddy referred to news reports that 2 crore students across the state were being deprived of classes due to the strike.
The advocate-general submitted that there are 86 lakh students who were affected and that the teachers were striking merely for two increments. He told the court that the government has already extended interim relief to teachers and they had assured that they will not strike for six months.

HC stays land acquisition

By S A Ishaqui
Hyderabad, Sept 27 : The AP High Court has stayed land acquisition in Maheswaram mandal of Ranga Reddy district for the proposed township by Hyderabad Metropolitan Development Authority.
Ms Bandari Andalu, a resident of Srinagar village in the mandal challenged the land acquisition. The HMDA had a joint venture with Ramky Estates and Farms Pvt Ltd to develop a township at cost of Rs 2,500 crore in 1,000 acres.
The HMDA took up land acquisition in 220 acres in Maheswaram mandal for the township. In the process, the HMDA and Revenue Authorities passed an consent award after negotiations with local farmers and land holders.
They issued two cheques of different denominations, totalling Rs 3.78 crore to Ms Andalu towards compensation for 5 acres which she had in Srinagar village.
According to the petitioner, the authorities issued cheques belonging to a private bank and later they stopped the payment.
The petitioner told the court that she came to know that the authorities have stopped the payment based on an anonymous complaint that she was not in possession of the land.
Dealing with the petition, Justice L Narasimha Reddy expressed his surprise over issuing a cheque belonging to a private bank to the petitioner.
The judge asked "how can you issue a private cheque. As per the law the land acquisition officer has to made payment to the land holders through the government cheques. Why did you opted the method of private payment , the court is not able to understand?".
Justice Narasimha Reddy , further said " Why is the HMDA acquiring hundreds of acres ? Is the land used for the purpose for which it was acquired".

Court stays Ramoji trial

By S A Ishaqui
Hyderabad, Sept 9 : The AP High Court on Tuesday stayed the criminal proceedings against media baron Ch Ramoji Rao, including his appearance in a case related to financial irregularities in Margadarsi Financiers, pending before the first additional chief metropolitan court at Nampally in the city.
The court issued summons to Ramoji Rao on June 18, 2008, following a complaint filed by Mr T Krishna Raju, the inspector-general (CID) and the authorised officer in the case.
In his complaint, Mr Raju alleged that Mr Rao and his firm violated Section 45-S (1), (i) and 45-S (2) of the Reserve Bank of India Act, 1953.
The government appointed Mr S Satyanarayana Prasad, senior counsel, as a special public prosecutor to deal with the case. Mr Ramoji Rao challenged the validity of the government order issued on February 19, 2007 appointing a Special Public Prosecutor for filing applications and complaints under Section 58 (E) of Reserve Bank of India Act 1934 to prosecute Margadarsi Financiers.
He also challenged the appointment of Ms Sindhu Kumari, advocate, to assist Special Public Prosecutor.
While passing interim orders on the petition Justice Ms G Rohini observed that "I am the opinion that the order is illegal and unsustainable and consequential this complaint presented by the Special Public Prosecutor is not valid. Hence the proceedings in the case cannot be allowed to go on ".
The court granted interim suspension of the appointment of the special public prosecutor as well as the stay of all further proceedings in the case until further orders.
The court issued notices to the all the respondents in the petition.

State defends VIP lands

By S A Ishaqui
Hyderabad, Sept.9 : The State government has defended the allotment of housesites to MLAs, MPs, All-India Service Officers and journalists, before the AP High Court.
The government filed an affidavit on Tuesday pursuant to a notice of the court on a writ petition filed by Dr Rao VBJ Chelikani and the Campaign for Housing and Tenural Rights challenging the allotment.
The government has contended that this was its policy and it was well-settled law that while dealing with the policy decisions the Constitutional courts have limited scope.
It contended that the allotment was a welfare measure and it cannot be equated with the duty of the allot land to weaker sections.
The government told the court that the allotment was a one time benefit to these sections based on their services to the state and the people.
It argued that allotting housesites only to those who do not possess a house or plot would be harsh and discriminatory to those who have private properties acquired through ancestors or through spouses.
It contended that "so long as such allotment is one time benefit, allotting housesites to those who possess a own house or site cannot be termed as arbitrary , moreso, when land is being allotted for a consideration".
It was submitted that the division bench, which dealt with the similar petitions earlier, did not find fault with the policy.
A special bench comprising Justice Nooty Rammohan Rao and Justice C V Nagarjuna Reddy will hear the case .

Ramoji filed a writ

By S A Ishaqui
Hyderabad, September 5: Media baron and Eenadu group of companies Chairman Mr. Ch. Ramoji Rao on Thursday files a writ petition in the AP High Court seeking a direction to quash the appointment of senior advocate S. Satyanarayana Prasad as a special public prosecutor in the cases of Margadarsi Financiers.
The petitioner challenged the validity of the government order issued on February 19, 2007 appointing a Special Public Prosecutor for filing applications and complaints Under Section 58 (E) of Reserve Bank of India Act 1934 to prosecute Margadarsi Financiers.
The petitioner also challenged the appointment of Ms Sindhu Kumari, advocate, to assist Special Public Prosecutor.
Mr. Ramoji told the court that the political party in power in the state out of malafides initiated proceedings against the petitioners and their group of companies. He alleged that the malafides arose out of the exposures made by the print and electronic media operated by the group of petitioners about misuse of power by the party functionaries in the state.
He informed the court that he has already discharged major portion of the deposit liability by making premature payments to the depositors.
Mr. Ramoji contended that the appointment was without jurisdiction and contrary to statute and is liable to set aside.

Writ against land transfer to PCC

By S A Ishaqui
Hyderabad, Aug.30: A writ petition was filed in the AP High Court challenging the alienation of 10 acres to AP Congress Committee to establish National Level Institute for Human Resource Development.
Mr V Rambabu, an advocate filed the petition, told the court that the government allotted land at Trishul Park in Bollarum in the city at the cost of Rs 2 lakh per acre.
The petitioner contended that allotment of land was against to the AP (TA) alienation of State Lands Revenue Rulers 1975.
He also said that it was against to the directive principles of state policy and the public interest. The petitioner urged the court to set aside the orders issued by the government for alienation of 10 acres to PCC.

Chief Justice sets out to revamp AP High Court

By S A Ishaqui
Hyderabad, Aug 15: The AP High Court Chief Justice, Mr Anil R. Dave, has assured advocates that copies of judgments would be made available within two hours of their pronouncement. This will be part of the Chief Justice’s attempt to straighten out things in the High Court registry office against which advocates had raised many complaints in recent times.
In an informal discussion with advocates on the eve of Independence Day celebrations, Justice Dave said the new facility will come into effect from the first week of September. A reform committee comprising senior judges would be set up to bring better co-ordination between the lawyers and the administration staff, the Chief Justice said. The committee will periodically review the administration process and make suggestions that will be implemented.
The Chief Justice also announced that he would like to constitute a grievance committee to sort out the problems that are being faced by the advocates with the registry as well as the administration. The committee will have representatives from the Bar Council and Bar Association besides judges. Advocates had complained about the non-availability of judgments and daily case listings.
The AP Bar Council members had met the Chief Justice over the issue of the non-availability and daily case listings, and express their grievances in this concern. The Chief Justice also urged advocates to be precise in their petitions and to give a brief synopsis of contentions and facts of case on the first page itself.
This would help the judges to understand the case quickly and facilitate speedy disposal, the Chief Justice added. Justice Dave also advised advocates not to file too many miscellaneous petitions along with the original petition to get interim orders. A brief synopsis of pleadings also be given in the beginning page of the petition itself, he said.
“We introduced this system in Gujarat High Court and it has yielded good results,” the Chief Justice said. “Lawyers of Gujarat bar are happy about it. It will also help in saving time and stationery,” he said.

AP High Court stalls action on Sailaja

By S A Ishaqui

Hyderabad, August 14 : The AP High Court on Thursday directed that the police not to arrest Ms Sailaja Kiron, Manging Director of Margadarsi Chit Funds Pvt Ltd till Monday.
The police registered a case against Ms Kiron and her private security personnel in Basar police station on Nizamabad district on August 8 following a complaint lodged by reporters of a telugu daily.
According to the police Ms Kiron visited Sarswathi temple in Basar to perform " Akshara Srikara Pooja " for her child on August 8. Reporters of a telugu daily tried to took the photographs of Ms Kiron. The persons accompanying Ms Kiron objected the reporters and allegedly manhandled them and snatched the camera from them. Based on the complaint police booked a case under Sections 290, 323c and 506 of IPC against Ms Sailaja and others.
Ms Sailaja Kiron filed a petition in the High Court seeking a direction to quash the case. She contended that she was innocent and did not any wrong.
While dealing with the petition Justice P Swaroop Reddy asked the public prosecutor Mr Nageswar Rao to get the factual information of the incident and appraise to the court on Monday.

Pavan’s wife to withdraw plea

By S A Ishaqui
Hyderabad, Aug. 8: Ms Nandini, the first wife of film actor Pavan Kalyan, has decided to withdraw her revision petition filed in the Andhra Pradesh High Court against the orders of the first additional chief metropolitan magistrate court at Visakhapatnam.

Mr Mahender Reddy, counsel for the petitioner, on Friday submitted to Justice Yethirajulu that his client had filed a withdrawal petition.
The lower court dismissed a petition filed by Ms Nandini against Pavan Kalyan seeking his prosecution under Section 494 of IPC on February 25.

The lower court dismissed the petition with an observation that the complainant had failed to establish the ingredients required to constitute the offence under Section 494 of IPC. The court said the complainant also failed to prove that Pavan Kalyan married actor Renu Desai.
The High Court issued notices to Pavan Kalyan and his actor-brothers Chiranjeevi and Nagendra Babu and other family members on a revision petition.

There were reports that the actor’s family decided on a settlement with Ms Nandini as the stage has been set for Chiranjeevi’s ‘political arangetram’.

In the backdrop of these developments Ms Nandini’s parents decided to withdraw all cases filed against Pavan Kalyan. The court is yet to announce its decision on the withdrawal petition. However, there is another case of claiming maintenance pending with the High Court.

AP High Court says Transco notices illegal

By S A Ishaqui
Hyderabad, Aug. 8: The AP High Court on Friday held that the demand notices of the AP Transco to high tension power consumer across the state were illegal. While allowing a batch of writ petitions filed by various companies including Aditya Spinners, Ankit Steels, Sunder Steels Limited, Sifco metals and 48 other companies, Justice Yethirajulu set aside the notices issued by the Transco between 2001 to 2004 for levying additional fuel cost adjustment charges (FCA). The court found fault with the Transco for not evolving a system to assess FCA charges in every financial year.
The court said that the Transco should under take an exercise to calculate total power consumed by the HT consumer and LT III category consumers every year. The court directed that the Transco should take steps either to refund the amount paid in excess or demand the amount only after to provide all the details as suggested by the court

AP High Court seeks fresh affidavit on Vizag Steels

By S A Ishaqui
Hyderabad, Aug. 1: The Andhra Pradesh High Court asked the commercial tax
department to file a fresh affidavit on the issue of slapping notice on the Rashtriya
Ispat Nigam Limited (Vizag Steels), Visakhapatnam, to pay tax amounting to Rs 365
crore for the assessment year 2004-05.
On March 31, 2008, the assistant commissioner of commercial taxes,
Visakhapatnam, ordered Visakhapatnam Steels to pay taxes for inter-state sales of
its products.
Mr R.C. Mohanty, an official of the (RINL), filed a petition challenging the orders of
the commercial department. He submitted to the court that their factory produces
different products and supplies to its branches throughout the country.
The petitioner told the court that the company never accepts or undertakes
individual orders from any customer.
It submitted that the Long Term Contracts (LTCs) were signed by the branches
depending on the nature and quantity of the products.
The petitioner contended that LTCs did not set out any details such as grade and
size and specification of product and hence cannot be termed as an agreement of
sale.
The petitioner told the court that transactions between the head office and its
branches have been exempted from levy of taxes under the scheme of the CST Act
1957.
It was also told that the commercial tax department of the state has been accepting
their claim with regard to branch transfers all along.
Surprisingly, the assistant commissioner issued a notice to the company in February
this year stating that it proposed to assess the branch transfers as inter-state sales
under Section 3 (a) of the Commercial Tax Act, the petitioner added.
According to the petitioner the commercial tax authorities allowed for tax
exemption for about Rs 410, 09, 91, 208 , but remaining turnover of Rs
2798,40,48,470 treated as interstate sales and assessed to tax for the year 2004-05.
Finally the assessing authority has not allowed exemption on total value of sales Rs
3208, 50, 39, 678. The petitioner said that this would seriously jeopardise the interest
of the Vizag Steels.

Bar owner rebuked

By S A Ishaqui
Hyderabad, August 1 : An owner of a bar and restaurant who knocked the doors of the AP High Court against alleged interference of police in his business was rebuked.

Justice Goda Raghuram on Friday while dealing with a petition filed by G.V. Dheeraj Reddy, owner of Himayala Restaurant & Bar at Kamalapuri Colony in Hyderabad, directed that the bar should be closed immediately as it did not have a valid police licence.

The judge observed that there was apparently no proper co-ordination between the Greater Hyderabad Municipal Corporation, the excise department and the police regarding granting permission to business establishment.
The court wondered how the GHMC could grant trade licence to the establishment when it did not have parking space. The court was satisfied with the city police’s action of rejecting licence to the bar as it did not have parking space.

Additional commissioner of police (traffic), Mr V.S.K. Koumudi appeared before the court on Friday pursuant to notice issued by it with regard to police interference.

AP High Court faults APIIC’s deal

By S A Ishaqui
Hyderabad, July 29: The Andhra Pradesh High Court found fault with the Andhra Pradesh Industrial Infrastructure Corporation (APIIC) for delegating its power to collect property tax from the industries located in industrial estates surrounding the city to Industrial Areas Service Societies. The state government has entrusted the management and maintenance of civic services in industrial areas across the state through an order in 1994 to the APIIC.
The APIIC had also delegated its powers to approve building plans. They covered industrial and non-industrial houses in industrial estates and adjoining areas in areas of municipalities and corporation under Section 13 and 14 of the AP Urban Area (development) Act 1975. It was also entrusted with the task of collecting property tax and other taxes. However, the APIIC delegated its powers to collect property tax, maintain civic services and mobilisation of funds through donations to the Industrial Areas Service Societies.
D. Srinivasa Rao, general secretary of APIIC Workers and Employees’ Union filed a writ petition in 1998, challenging the action of the APIIC. A division bench comprising Justice T. Meena Kumari and Justice Ramesh Ranganathan took up the final hearing on the petition. The bench in its recent observation pulled up the APIIC on how it could delegate its powers to others without any statute.
The court observed that the corporation has no power to transfer its statutory functions to a third party.
The court asked the counsel for APIIC whether they would out source the statuary powers vested with them.
It asked the counsel to inform it within two weeks whether the corporation would withdraw the powers from the Industrial Areas Service Societies.

South Central Railway seeks Gandhi land for its metro

By S A Ishaqui
Hyderabad, July 28: The South Central Railway on Monday submitted to the Andhra Pradesh High Court that it would develop a world class railway station on the old Gandhi Hospital premises in Secunderabad at a cost of Rs 2,500 crore.
It informed the court that a proposal to transfer of lands to the SCR from the state has been pending for several months. The additional solicitor-general, Mr M. Ravindran, told the court that the SCR had put forth a proposal to the government that if the old Gandhi hospital land was transferred to it, the SCR would transfer its properties between Tarnaka and Sangeet theatre free of cost for road widening.

A division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy asked the SCR and government counsels to settle the issue amicably through negotiations and inform the court by August 8 about further progress.
Mr Ravindran said that before the hearing commenced, they had a meeting in the chambers of Mr Satya Prasad,special government pleader, and discussed about various options to sort out the issue including transfer of old Gandhi Hospital land to the SCR or appoint an arbitrator to fix a reasonable value for the SCR properties, which are going to be acquired. He said the Greater Hyderabad Municipal Corporation offered Rs 7,000 per square yard as compensation, which was not accepted by the SCR. He submitted that the prevailing market value in the area is Rs 30, 000 per square yard.

Mr Pouluri Bhaskar, standing counsel for Railways appraised the court about development of Secunderabad railway station and also showed proposed draft plan to the court.
According to Mr Bhaskar, the Union ministry of railways identified Delhi, Patna and Secunderabad stations to be developed into world class stations and in the recent budget the railways also accorded financial sanction for it.

Hyderabad, July 23 : The AP High Court on Wednesday declared that selection of candidates for the Group 1 main examination in the ratio of 1: 50 in the order of merit without reference category or community was irrational.

Mr Baloji Badhavath and 31 others have challenged the orders of the APAdministrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.

The tribunal passed an order on July 4 upholding the clause of the GO Ms.No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.

A division bench comprising Justice Ghulam Mohammed and Justice C.V.Ramulu while allowing the petition observed that clause irrespective of communities in the GO is declared as irrational and the words 'irrespective ofcommunities' are set aside".

The court agreed with contention of senior advocate S Ramachnadra Rao who appeared on behalf of the petitioner.

He said that the APPSC had violated the right to equal opportunity guaranteed under Article 16 of the Constitution by excluding the reserve categories from the zone of consideration.

"After the court verdict the APPSC now has to undertake a fresh exercise to select candidates on basis of reservations including women and issue call letters to the candidates for Group-I main examinations" said MrRamachandra Rao.

The APPSC selected 9800 candidates to the main examination out of 1, 68,000 candidates who appeared in preliminary examinations.

APPSC Group 1 exams: HC voids PSC order

By S A Ishaqui
Hyderabad, July 23 : The AP High Court on Wednesday declared that selection of candidates for the Group 1 main examination in the ratio of 1: 50 in the order of merit without reference category or community was irrational.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu while allowing the petition observed that clause irrespective of communities in the GO is declared as irrational and the words 'irrespective of communities' are set aside".
The court agreed with contention of senior advocate S Ramachnadra Rao who appeared on behalf of the petitioner.
He said that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution by excluding the reserve categories from the zone of consideration.
The High Court's decisin came after Mr Baloji Badhavath and 31 others challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
"After the court verdict the APPSC now has to undertake a fresh exercise to select candidates on basis of reservations including women and issue call letters to the candidates once again for Group-I main examinations" said Mr Rao.
The APPSC selected 9800 candidates to the main examination out of 1, 68, 000 candidates who appeared in preliminary examinations.

Woman wins after eight years

By S A Ishaqui
Hyderabad, July 22: A woman has won an eight-year-old legal battle against Kadapa district collector over an erroneous order passed against her.
The Andhra Pradesh High Court has held that the district collector committed a grave error in invoking the provisions of Rule 9 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act 1993, in relation to the petitioner.
Justice CV Nagarjuna Reddy also imposed costs of Rs 10,000 on Kadapa collector and directed that he pay it to the petitioner,Ms KL Sulochanamma, resident of Thavvaripally village in Kadapa district.
Ms Sulochanamma applied for post of extra departmental branch post master at Thavvaripally village.
Another candidate who applied for the post unsuccessfully complained to the authorities that the petitioner was not resident of the village and alleged that she obtained a false community certificate claiming that she belongs to Scheduled Caste community.
The collector than issued a show cause notice to her and Ms Sulochanamma replied to it that she had not secured any community certificate.
After perusing the records relating to the issue, the court held that "the facts reveal that it is no one's case that the petitioner obtained a false certificate and secured job on the basis of it.It is further clear that with respect to the nativity certificate, even assuming that the same is false, the petitioner not secured employment on the strength of it".
The judge set aside the orders passed by the collector to initiate action against the petitioner for allegedly obtaining fake community certificate.
Justices Reddy said "the whole approach of the collector is perverse and vitiated by total non-application of mind and betrays lack of any comprehension on his part regarding the scope of the provisions of the Act and jurisdiction available for him to initiate action".
The court declared that the order was wholly without jurisdiction. The judge said that costs were imposed on the collector "for subjecting the petitioner to vexatious litigation, which would have caused her severe mental agony, apart from unnecessary expenditure in fighting the needless litigation".
If the collector did not pay the amount , the petitioner can recover the cost through legal process.
.

High Court penalises Chittoor's collector

By S A Ishaqui
Hyderabad, July 21 : The AP High Court on Monday imposed costs on Chittoor District Collector over dismissing a revision without citing any reason for dismissal.
Justice Goda Raghuram while dealing with a writ petition filed by Ms G Bhaskaramma native of Chittor district challenging the dismissal of her revision petition, observed that the officer concerned required training to have a better knowledge on the rules and laws of administration.
The petitioner informed the court that she had applied for dealership of a ration shop in Patagunta village of Chittoor district and the same was rejected by the Tahsildar.
She challenged the rejection order before the RDO, Joint Collector and it was dismissed by the officers without citing any valid reasons.
Later when she approached the collector it was also dismissed without going into the facts of the case.
Mr WB Srinivas, counsel for civil supplies, strongly objected the imposing costs on the official and argued that the order was passed in accordance withthe law.
However in another case Justice Raghuram took a serious view over Karimnagar district collector failing in implementation of an order passedby the court on June 26.
The court directed that the district collector release petrol and diesel seized from Maruthi Filling Station, Alganur village after the petitioner furnished a bank guarantee of Rs 15,33,163.
The court also directed that respondents should not interfere in the business of the petitioner, provided the petitioner continued to have a subsisting entitlement for pursuing such business.
Mr M Ramakrishna Rao, proprietor of the filling station, filed the contempt case against the collector alleging that the official did handed over the keys of station despite of furnishing the bank guarantee on June 30.
The court directed the counsel for civil supplies to inform the court reasons for not handing over the keys to the petitioner by Tuesday.

Manolya case in August

By S A Ishaqui
Hyderabad, July 21: The AP High Court will fix a date on August 6 to take up final hearing of the case of Manolya Onur, former Miss Turkey and wife of former eighth Nizam of Hyderabad, Prince Mukarram Jah.
Manolya Onur, won a decade-long legal battle against her former husband in Hyderabad family court on June 27, 2006.
The family court ordered the prince to pay compensation amounting to approximately $ 3 million to Manolya and their 15-year-old daughter Niloufer Jah.
The court directed to pay $ 700,000 towards divorce settlement with six per cent interest from April 1996. The prince has also been ordered to repay loan of $ 300,000 that he had taken from Manolya,with sixper cent interest from 1995.
Nawab Mir Barkat Ali Khan aka Prince Mukarram Jah challenged the lowercourt's order in the High Court and the court passed and interim direction onOctober 11, 2006 that the Prince Mukarram Jah should deposit the amount in Indian Currency that is equivalent to $ 10,000 US dollars to the credit of the bank account to be furnished by Ms Manolya with Bank of Baroda, Masab TankBranch.
The court also directed that the petitioner should deposit the amount,including the maintenance amount due for the month of October, and shall continue to deposit the same on or before 10th of every succeeding month.
Later the case was pending with the High Court , however Mukarram Jah filed anpetition to expedite the hearing of the case.
The last occasion the court has decidedto expedite the hearing again he filed another petition for fixing of the date.
Thepetition came before a division bench comprising Justice B Prakash Rao and Justice G Chandraih on Monday.
The court did not inclined to fix the date and said it will decide onAugust 6 after hearing the arguments on both the side.

Lawyers, talk nuke

By S A Ishaqui
Hyderabad, July 19: The Union finance minister, Mr P. Chidambaram, on Saturday called upon on the legal fraternity to "break its silence" on the Indo-US nuclear deal.

While addressing the sixth annual convocation of Nalsar University of Law here, Mr Chidambaram expressed wonder at the silence of the institution on the issue and urged legal luminaries to join the debate and help citizens understand the legal aspects of the controversy.
"I thought I may use this opportunity to discuss objectively and dispassionately an issue that has occupied the centre-stage in the last few weeks," he said. There was need for a reasoned debate on the agreement and if it had taken place, answers to some of the issues would have been self-evident, while answers to other issues could have been found through the application of law and logic to the facts of the case, he said.

The finance minister pointed out that "operationalisation" of the 123 agreement only meant that the parties should complete all prerequisites, exchange diplomatic notes and agree upon the date on which the agreement would come into force.
"Even after it comes into force, there is nothing automatic, and it would be necessary to enter into further agreements," the minister added.

Mr Chidambaram stated that the Hyde Act 2006 (legislation on the India-US nuclear cooperation) is a domestic law and cannot bind India. Neither can it interfere with the implementation of the 123 Agreement which, when ratified by the US Congress, will be a bilateral treaty between two sovereign countries. "There should have been a thorough debate on the issues involved," he said. "Is it necessary for civil nuclear cooperation that India should enter into safeguards agreement with International Atomic Energy Agency? Is it necessary…to obtain waiver from the Nuclear Suppliers Group?"
"If these steps are completed, India would be able to enter into agreements for civil nuclear cooperation with other countries," he said.

Mr Chidambaram said that despite the enactment of numerous laws every year, the legal system did not show any strain except in the mounting arrears of cases. "But there is widespread and appalling legal illiteracy in the country, even among those who are obliged to be literate in order to discharge their functions," he said.

‘AP High Court registry is corrupt’

By S. A. Ishaqui
Hyderabad July 17: Chief Justice A.R. Dave of the AP High Court on Thursday was taken aback when a senior advocate alleged "corruption" in the High Court registry.

The Chief Justice admitted that there were some "defects" while listing cases and providing order copies to advocates.

E.V. Bhagirath Rao, 72, a practising lawyer in the High Court for over 48 years, submitted before a division bench comprising Chief Justice Dave and Justice R. Subhash Reddy that not a single paper moves in and out without bribing some registry staff. "No one bothers to look at how the registry is functioning. My colleagues suffer badly to get cases listed on time and get order copies to file appeals and communicate with clients," he said.
When the advocate tried to make further allegations, Justice Subhash Reddy intervened and told him he had no right to make a submission on corruption.

He further said: "There is no need for a writ to bring the malfunctions to our notice. You can make representation or simply walk into the chambers of the Chief Justice to sort out the issue". Justice Dave said things cannot be changed over night.

He said he was also part of the institution and recalled experiences in Gujarat where an order copy could not be secured by an advocate in 24 hours while an outsider could get it in no time.
Keeping in mind such experiences, a facility of getting an order within 24 hours was introduced in the Gujarat High Court.

He said would try to implement the the system in the High Court as well and assured that he would rectify the defects in the registry. The Chief Justice invited the advocate to his chambers to explain about the malfunctions.

The petitioner informed the court that his petitions were not listed for the past five years despite several representations and requests. He cited a few examples in the petition on how the registry was delaying order copies.

He alleged that the registry had no respect for the orders of judges. The Chief Justice asked the petitioner to wait for two weeks to hear his case while he set right the registry.

AP High Court upholds 1% labour cess

By S A Ishaqui
Hyderabad, July 15 : The AP High Court on Tuesday held that the government can levy one per-cent labour cess on the firms and companies which are engaged in construction works based on the cost of construction incurred by the employer and not on the entire value of the work.
Justice N.V. Ramana, while disposing over 300 petitions filed by the construction firms and companies, observed that the procedure contemplated under the Building and other Construction Worker’s Welfare Cess Act 1996 and rules clearly show that deduction of cess by way of advance at a uniform rate was permissible.
The judge further observed that " in my considered view, it cannot be set to be illegal when the government have sought to collect the cess from the June 26, 2007 and not from September 26, 1996 the date on which the Centre issued notification for collection of the cess from the bills payable to the contractors on the cost construction incurred by the employer".

APPSC told to submit marks of Group 1 test

By S A Ishaqui
Hyderabad, July 15: The AP High Court asked the Andhra Pradesh Public Service Commission to furnish details of least marks obtained by the candidates in the Group 1 preliminary examinations by Wednesday.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu asked the Advocate-General to submit the marks of SC, ST , BC, Open Category besides women candidates.
Mr Baloji Badhavath and 31 others have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
The court earlier directed the APPSC to furnish the category-wise data of selected candidates for Group 1 main examinations.
Mr S.Ramachandra Rao, senior counsel for the petitioners argued that the category-wise data submitted by the APPSC substantiated the petitioners contention that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution.
He said that the commission has selected 924 women candidates instead of selecting 2850 candidates as per 33.33 per cent reservation for women this year.

Railways, state fight on road widening

By S A Ishaqui
Hyderabad, July 14: The South Central Railway and the Greater Hyderabad Municipal Corporation have flung accusations at each other before the High Court over the acquisition of railway properties for road widening between Tarnaka and Sangeet theatre in the city.
The Special Deputy Collector for Land Acquisition in GHMC had issued a notification for acquiring railway properties on May 30 this year. The SCR challenged the notification and the High Court stayed the notification till further orders.
In its submission, the SCR said that the state government cannot initiate land acquisition proceedings against it. It quoted a direction of Supreme Court that land owned by the state on which there are no private rights or encumbrances was beyond the purview of the Land Acquisition Act.
It further alleged in its petition that the GHMC adopted dilatory tactics with an intention to grab its property.
However, in its counter, the GHMC refuted allegations and said it was surprising that the SCR had expressed willingness to cooperate with road widening and had then refused to agree to the compensation fixed by the district collector.
It alleged that the present writ was filed with an intention to arm-twist the GHMC into agreeing to the demands of the SCR. On the one hand the SCR says that they are willing to part the land and on the other hand they say that the GHMC has no authority to invoke the Land Acquisition Act. It was the adamant attitude of the SCR that had forced it to invoke the Act, said the GHMC.
The Municipal Corporation said in fact the Inner Ring Road not only connects International Airport, but also connects the Secundrabad railway station, which is an important railway junction.
The GHMC informed the court that 10,600 square yards of belonging to 30 individuals and other Union Government public authorities including NGRI, CCMB, IICT, Survey of India, DRDL, DMRL, DRDO and NIN acquired by the corporation on free of cost under private negotiations.
Mr Pouluri Bhaskar, counsel for the SCR, said "it is not a question of compensation, if we allow the GHMC to bulldoze our properties on which it did not have any right, it will become a precedent for others".
However, the High Court on Monday heard arguments on a PIL filed by the K Manikpabhu and others challenging stopping of the road widening programme abruptly on the stretch. The SCR argued that the petition was infructuos as the court stayed the land acquisition proceedings. The petitioners sought a week time and the case was posted for next week.

Global tenders for red sanders

By S A Ishaqui

Hyderabad, July 11: The AP High Court on Friday upheld the decision of the government in inviting global tenders for selling stocks of red sanders available with it.
The court dismissed a petition filed by A.T. Maideen challenging the issuance of global tenders.
Justice B. Seshasayana Reddy, while delivering the orders of dismissal, agreed with the contention of the government that it has a right of sale of red sanders in global market and it would not in any way hamper the Exim policy of the government of India.
The government informed the court that the successful bidder has to obtain permission from the Ministry of Commerce to export the logs.The Forest Department issued a notification on November 22, 2007 inviting tenders for the red sanders sale. Earlier he court stayed all further proceedings including opening of the tenders submitted by the various agencies. The court vacated the stay orders.

Court faults RTC decision

By S A Ishaqui

Hyderabad, July 11 :The AP High Court on Friday found fault with APSRTC management in placing one of its bus drivers under suspension and directed the management to withdraw the suspension orders with immediate effect. Mr. T.S.P. Reddy, driver of Nellore bus depot, was placed under suspension on charges of stealing gold ornaments from a passenger’s bag left behind in the bus.
The RTC inquiry committee investigated the issue and suspended him on June 27. The driver had approached the court informing it that he is innocent and that it was he who had telephoned the bag owner after he found a telephone number in the bag.
The passenger had forgot to take his bag while getting down from the bus.
The RTC enquiry committee inquired into the issue and subsequently the driver was placed under suspension on June 27 this year.
The driver had approached the court informing it that he is innocent and that he was the person who had telephoned the bag owner stating that the bag would be handed over to the Depot Clerk.
The driver had found the telephone number of owner in the bag.
However, when the passenger came to take back his bag, he found some of the gold ornaments missing and subsequently lodged a complaint with the RTC higher officials.
The court expressed its anguish over the way the management has dealt with the entire case.
After hearing the details of the case, Justice L Narasimha Reddy observed that: "The RTC management is setting a bad precedent by punishing a good Samaritan. If this is the treatment for an honest employee, no one would dare to attempt to return the belongings of the passengers who forget them in the buses".
The judge further observed that: "if driver has had any intention to take away the property, he would have never attempted to call the owner of the bag and could have simply walked away with it. The driver has displayed his honesty by calling up the bag owner even before handing over the bag in the Depot ".
The judge said the RTC enquiry committee seems to have not conducted an n-depth inquiry into the incident. The court directed that suspension orders should be withdrawn immediately.

Realtors cry foul

By S A ishaqui
Hyderabad, July 11 :The AP High Court on Friday suggested that the government consider the grievances of real estate developers who have challenged the modifications in the Master Plan of the Hyderabad Urban Development Authority area. Mr S. Narender Reddy and others challenged the modification brought out by the government in the Master Plan through an order on April 4, 2008. They challenged the regulations including reserving of 10 per cent of the land in the total area of a layout to be given free of cost to Huda.
The petitioners objected providing housing accommodation to economically weaker section and to reserve area for middle and higher income groups in the layout.
A division bench comprising Chief Justice A R Dave and Justice R Subhash Reddy while dealing with the petition told Mr. K G Krishna Murthy, counsel for the General Administration Department that: "Let the government consider the issue."
The petitioners argued that there was no authority, power or jurisdiction to the state government to direct them that any area must be given to the Huda free of cost.
Mr Krishna Murhty said that let the petitioners submit another representation then he would ask the government to look into it.
Justice Dave said "Let's treat this writ petition as a representation and review their grievances and inform us the response of the government within two weeks".

Judges see trap, take back land request

By Shariff Ameeruddin Ishaqui
Hyderabad, July 9: Judges of the Andhra Pradesh High Court have unanimously decided to withdraw their request for house sites made in 2004 to the state government.
The general body of the Mutually Aided Co-operative Housing Society of Judges of the AP High Court also requested the government to withdraw GO Ms No 42 issued on March 23 this year for allotment of land to the society.
The general body took the decision on Wednesday which was communicated to the government. The judges had made a representation through the society on March 15, 2004, to the government with a request to allot land at reasonable rates.
According to the sources, majority of the judges opined that had there been any genuine intention on the part of the government to address their problems, it could have adopted a non-controversial approach to the mater.
They felt the request made by the society appeared to have been used for the “dual purpose” of clearing allotment of huge extents of land to other sections, and grouping them along with the judges’ request.
The meeting opined that it was an attempt to push the institution of judiciary into a vulnerable situation. The meeting saw it as “almost a trap, laid and fabricated by intelligent brains.”
“The option before us is either to inadvertently walk in to the trap and to struggle in vain to come out of it,” the meeting resolved, or to call the bluff of those who laid the trap.
The society clarified that it cannot “permit the attempts of anyone, whether open or camouflaged, to damage the reputation of the institution.”

Babu asked to appear in HC

By S A Ishaqui
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday summoned the principal secretary, home department, Government of Andhra Pradesh, to appear before the court on July 23 in connection with the withdrawal of the prosecution in a case.
While dealing with a petition filed by Dr D. Bharathi, of Secunderabad, challenging the Government Order of withdrawing the prosecution against Ms D. Rama Bharathi, D.S. Murthy (retired IAS officer), and his wife, Ms D. Tilothamma, Justice G. Raghuram found fault with the language used while drafting the order.
The judge asked the principal secretary to appear in person before the court and explain the withdrawal of the case. Dr Bharathi had alleged that Rama Bharathi, daughter of Mr Murthy, had submitted false affidavits for the purpose of transfer of property.
She also alleged that Rama Bharathi had signed several affidavits stating that she was a major though she was minor at the time of deposing the affidavits, with the connivance of Mr Murthy and his wife.
She informed the court that the state issued a GO on September 18, 2006, facilitating the withdrawal of the prosecution pending in the Second Additional Metropolitan Magistrate, Nampally Criminal Courts.

Dad gets prison for school shift

By S A Ishaqui
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday sentenced a man to two months imprisonment for admitting his daughter to a school other than the one specified by the court on an earlier occasion.
While giving the custody of the child to her father earlier, the court had made it clear that she should be allowed to continue in the same school where she was studying.
Justice C.Y. Somayajulu issued the order to jail the man for contempt of court after the mother of the child filed a petition alleging that he had deliberately and flagrantly disobeyed the orders of the HC passed on April 24, 2007.
The couple is living apart and a petition pertaining to their separation is pending in a lower court. The father had custody of the daughter who had crossed the age of seven years.
The High Court had directed the petitioner’s husband to hand over the custody of the girl to the mother during summer vacation and asked him not to shift her school without prior intimation to the court.
Justice Somayajulu did not accept the man’s contention that he changed the school as per the wish of his daughter.
The court said nothing could have stopped him from informing the court and obtaining its permission.

Group 1 exam challenged

By S A Ishaqui
Hyderabad, July 8: Several candidates who appeared for screening of Group I posts, have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
Baloji Badhavath and 31 others, in their petition stated that the tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.

Court admits Tsundur plea

By S A Ishaqui
Hyderabad,July 8 : The AP High Court on Monday admitted a criminal revision petition filed by the family members of the Tsundur massacre victims.
The petitioners, Ms Mandru Tulasamma, Ms Angalakuduru Kotiratnam and Ms Jaladi Neelamma, appealed to the court to set aside the judgement awarded by the Special Session Judge-cum-IV additional session judge Guntur on July 31, 2007.
The special judge had sentenced 21 people to life imprisonment and 35 others to one year rigorous imprisonment besides a penalty of Rs 2,000 each. Eight dalits were killed and several others were injured allegedly by upper caste people on August 6, 1991 at Tsundur village in Guntur district.
The police had filed a chargesheet against 219 accused of whom 33 people died during the course of the hearing and seven were let off as the police did not find evidence against them. Of the 56 convicted, 21 were found guilty of charges under Section 302 of the IPC.
The petitioners alleged that the trial court failed to hold the accused in charge of rioting with dangerous weapons under Section 148 IPC.
The petitioners submitted that the sentence awarded by the trial court is inadequate for the offences under Section 148, 201 and 324 of IPC and urged the High Court to punish the other 107 accused. Justice G. Yethirajulu issued notice to the respondents while admitting the petition.

AG refutes MLC’s charges

By S A Ishaqui
Hyderabad, July 7: Advocate-General C.V. Mohan Reddy on Monday refuted the charges of the MLC, Mr Y.B. Rajendra Prasad of the Telugu Desam on the sanction of Rs 992 crore for development of basic amenities in rural areas.
While arguing before Justice Ms G. Rohini on a petition filed by the MLC challenging the GO MS No. 13 , the advocate-general said the works would be awarded to the self-help groups and other committees on nomination basis in accordance with the Panchayat Raj Act.
He submitted that the district minister was made in-charge of the scheme to identify the works needed in the village. The sarpanch of the village has the power to supervise the works along with officials concerned.
He said that the contention of the petitioners, that the government issued the GO only to rehabilitate its party workers and the petition was filed only to get political benefits, was baseless.
He told the court that a similar petition filed by another TD leader was pending before a division bench. Justice Rohini directed the registry to post the petition before the division bench.

AP moves HC on Indu plan

By S A Ishaqui
Hyderabad, June 28: The State government has asked the AP High Court to prosecute against two women petitioners for hiding facts.
Mrs Tahera Yusuf Quadri and Dr Qudsia Sajjad filed a petition in the high court claiming to be legal heirs of 457 acres at Bachupalli inQutubullapur mandal of Ranga Reddy district.
They had alleged that the government had illegally handed over a part of land to Indu Projects Limited to develop an integrated township in 693 acres and residential units for weaker sections under Rajiv Gruhakalpa programme in 178 acres.
The petitioners urged the court nullify the order passed by the SpecialOfficer and Competent Authority, Urban Land Ceiling under Section 8 of the Urban Land (Ceiling and Regulation) Act, 1976 against their mother Ms Rabia Begum, on an erroneous assumption that she owned by entire land.Mrs.Rabia Begum died on October 30, 1990.
Following this, the HC directed authorities not to go ahead with any construction in the land till further orders.The Principal Secretary (revenue), Ms Ratna Prabha, submitted an affidavit alleging that the petitioners had suppressed facts and mislead the court.
She contended that the petitioners could not claim 457 acres, since 214 acres had been surrendered by the mother of petitioner's in 1976 under Agricultural Land ceiling Act.After surrendering the land under the Act the legal heirs including the petitioners distributed their shares among themselves. But these facts had been hidden from the court, said Ms Ratna Prabha.
She urged the court to initiate prosecution against the petitioners as they are liable for prosecution under charges of perjury and contempt of court.

AP High Court okays Vizag land sale: Line clear for Unitech

By S A Ishaqui
Hyderabad June 26: The Andhra Pradesh High Court on Thursday vacated a stay on the sale and allotment of land in the hillocks of Visakhapatnam and its surrounding areas.
This means that the Andhra Pradesh Industrial Infrastructure Corporation is now be able to auction land in the area. The issue was in the court for two years.
The High court had earlier granted a stay on the alienation of hillock area to private parties following a petition filed by the Samata, a non government organisation.
The petitioner challenged the notification of the APIIC to auction hillocks around Visakhapatnam, especially in the Tarakarama satellite township area.
The petitioner contended that the hills cannot be alienated, disposed or leased in accordance with the government order GO Ms. No. 913 of 1987.
The stay order had halted mega township projects including the Integrated Vizag Knowledge City at Kapula Uppada village from commencing their work.
The state government issued a GO 228 in March superseding the earlier GO No 913. Unitech, one of India’s largest real estate developer, won a tender to develop a township in an areas measuring 1,750 acres at Visakhapatnam.
The petitioner also incorporated Unitech as one of the respondent. The court observed that the government had withdrawn its earlier orders of declaring the hillocks as open spaces.
The petition becomes outdated.

Jails like old-age homes: CJI Balakrishnan

By Shariff Amreeuddin Ishaqui
Hyderabad, June 25: The Chief Justice of India, Mr K.G. Balakrishnan, said on Wednesday that jails in the country would soon become old-age homes because of the long delays in conduct of trials.
Addressing a seminar organised by the Retired Judges Association on crime and punishment here, Justice Balakrishnan said that inordinate delay in trials was resulting in overcrowding of jails with under-trials and prisoners.
“Most of the cases are pending for decades and a majority of the under-trial prisoners do not get bails on time,” he said. “A large number of them have attained the age of 70 or 80. If the situation continues like this, our jails will turn into old-age homes.”
The Chief Justice said that he was not in favour of the death penalty for rape. “There is every possibility of convicting an innocent with the help of a clever advocate and stage-managed evidence in our system.”
He also opposed severe punishment for accused in road accident cases keeping in view the condition of roads. “If we impose severe punishment, majority of drivers will land in prisons,” he said, and sought a public debate on the issue.
Justice Balakrishnan expressed concern at judges awarding different kinds of sentences to similar crimes and said these disparities need to be regulated.
“Most of the judges in the country are soft in nature,” he said.
“We hardly find judges who are strict in awarding deterrent punishment to the accused who are proved to be guilty.”
The Chief Justice said that judges should elicit the family background as well as the economic, social and educational profile of an accused during the course of trials.
“This system is prevalent in the West and will enable proper judgment,” he said
The CJI opposed severe punishment for accused in road accident cases.Keeping in view of road and other conditions it was very difficult to impose severe punishment in accident cases in the country.
"If we impose severe punishment on drivers majority of our drivers will land in prisons," he observed. He wanted a public debate conducted on this.
Justice A R Lakshmanan , Chairman National Law Commission said that police machinery has miserably failed to keep their functioning transparent and in ensuing equal treatment to the citizens.
"The lack of judges is not sole reason for the delays. It is the long procedures, cumbersome processes and the lack of accountability of the criminal justice system," he added.
Justice Lakhmanan did not favour the death punishment in dowry death cases. He argued that the life imprisonment for accused is justifiable in such crimes.
Justice Arijit Pasayat of Supreme Court said " imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise".
Justice A R Dave, Chief Justice of the AP High Court emphasised for deterrent punishment in heinous crimes

Court signal for narco test on B.Tech students

By S A Ishaqui
Hyderabad, June 24 : The AP High Court on Tuesday gave the nod to the crime investigation department to conduct narco analysis on the hostel warden, his wife and a cook in connection with the sensational Ayesha Meera rape and murder case in Vijayawada.
It also granted permission to conduct narco tests on the three girl students of the same hostel. Ayesha Meera, 19, was killed on December 27, 2007 at Durga Hostel near Vijayawada. The girl, a B Pharmacy student, was from Tenali.
Earlier, the lower court had directed the police to take the consent of Ms Inapuri Padma, the hostel warden, her husband, Mr Venkata Siva Rama Krishna, and Mr Peetha Sivanjaneyulu, the cook, all accused in the case.
The court had, however, refused permission to the police to conduct narco tests on Ms V. Sowmya, an MBA student, Ms B. Kavitha and Ms Preethi B. who were staying in the same hostel. The government later challenged the lower court's decision in the High Court.
Justice G. Yethirajulu allowed police to conduct the teats in the presence of medical experts.

Nod for TTD quarters land

By S A Ishaqui

Hyderabad, June 24: The AP High Court on Tuesday gave its nod to the Tirumala Tirupati Devasthanams to acquire temple and mutt land to construct residential quarters for TTD employees. This comes after the executive officer of the TTD had filed an interim application seeking permission from the court to allow it to acquire land for the construction of residential quarters under the "Own Your House" scheme.

Mr Srinivas, counsel for the TTD, told the division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy that it proposed to construct houses for the employees.

He said due to stay orders on acquisition of land belonging to temples, mutts and Hindu Religious Institutions and Endowments, the TTD was unable to launch the scheme.
He urged the court to permit the organisation to acquire 26.62 acres belonging to Sri Hathiramji Mutt and 100 acres belonging to Sri Laxminarayana Swamy Temple in Tirupati.

Senior advocate Mr S. Ramachandra Rao, argued on behalf of the Vaikhannasa Pitham, objected that the court cannot allow the TTD to go ahead with the scheme.

Summons issued to Ramoji

By Shariff Ameeruddin Ishaqui
Hyderabad, June 18 : The first additional chief metropolitan court on Wednesday issued summons to the chairman of the Ramoji group of companies, Mr Ramoji Rao, in connection with the Margadarsi financers case.

This comes following a complaint filed by Mr T. Krishna Raju, the inspector-general (CID) and the authorised officer in the case. In his complaint, Mr Raju alleged that Mr Rao and his firm violated Section 45-S (1), (i) and 45-S (2) of the Reserve Bank of India Act, 1953.
The Supreme Court in March had said, “We make it clear that the magistrate may proceed with it in accordance with the law as there is no stay of any prosecution or complaint. The last line in the impugned order is not to be interrupted. The outcome of any proceedings initiated by the authorised officer against the respondent will be subject to the result of the writ petition and the direction of this court.”

Mr Raju said to the court that the Margadarsi Financiers has no right to accept deposits from other persons who are not relatives.

Finally, 50-year-old battle ends at 90

By Shariff Ameeruddin Ishaqui

Hyderabad, June 14: A 90-year-old ex soldier has finally won his prolonged battle against red tape.
Mr. Hayath Pasha, native on Nellore district, had been petitioning the Accountant-General Office for the last 50-years on his arrears and it has finally admitted its mistake and directed the Sainik welfare Officer to pay him.
Mr. Pasha joined in the British Army in 1942 and served for five years. During Second World War he worked as a signal man in the British Army. After the independence too he worked in the Army for a few years.
Later he was discharged from the service due to ill health. After that he got a job in Hyderabad Metro Water Works.
Around that time he applied to AG Office through Water Works for his pay fixation. He submitted all the original documents and the AG office acknowledged his application. But nothing happen after that.
Water Works authorities removed him from the service in 1952, on the ground that he failed to submit his original certificates education.
Since than Mr. Pasha, knocking all doors to get his original certificates..
After all his efforts bore no fruit, at last he approached the High Court for the justice in 2005. Unfortunately his petition was dismissed.
Finally he wrote a letter to the Chief Justice and also approached to the AP State Legal service Authority.
The court took up the matter and Legal Service Authority provided aid by entrusting case to advocate Mr. Ramana Rao.
His petition was heard by Justice Bilal Nazki, who was the acting Chief Justice and he expressed anguish over the callousness of the AG office.
However, Justice Nazki was transferred to Mumbai.
Then Mr. Pasha appeared before the present Chief Justice AR Dave and pleaded for speedy disposal of the case.
Mean while the Accountant -General sent a communication to the Director
Sainik Welfare that the certificates and vouchers with a pay bill submitted by Mr. Pasha to the than Accountant General Officer in 1952.
The records and vouchers are retained for limited period with reference to this period of preservation. The vouchers of 1952 which are 50 -years old have been weeded out long back.
Mr. Pasha told this correspondent earlier that he would not abandon the battle till he got his dues.

Lawmen annoyed

By Shariff Ameeruddin Ishaqui
Hyderabad, June 6: Frequent power outages during the working hours of courts across the country has invited the wrath of the judges.
This grouse was featured prominently in the recently concluded joint conference of Chief Justices of various High Courts and Chief Ministers of states in Delhi.
Bad sanitary conditions and lack of waiting rooms for petitioners and absence of decent toilets was only adding to the owes of litigant public as well as judicial officers across the country, it was pointed out at the conference.
According to sources, most of the Chief Justices complained to the concerned ChiefMinisters that the power balckouts were putting burden on judicial officers and on the petitioners as well as most of the court buildings including High Courtand subordinate courts which are in dilapidated condition and may collapse at any moment.
Judges expressed serious concern over the lack of alternative power supply arrangements in the courts more particularly in the subordinate courts.
According to sources in judiciary, most of the courts across the country did not have even generators to combat power cuts. This was a long pending demand of the judiciarywhich had been asking governments to provide them with generators to beat the powercuts.
A judicial officer told this correspondent, "When compared to other states, our city experiences less number of power cuts. However in the districts power blackouts are is really causing inconvenience to our officers and as well as the public".
The AP HighCourt did not have a generator till date, he added.
Sources said that most of the Chief Justices who spoke at the conference drew attention of their respective state governments to the in adequacies in infrastructure, particularly in subordinate Courts, which are faced with space constraints and lack of basic amenities.
The judges stressed upon the need to phase out old and outdated court buildings to make way for modern court buildings equipped with all the necessary facilities.
"Over-crowding of court complexes is one of biggest problems faced by the judiciary in our country. The lack of new buildings as meant that more number of courts are forced to function from a single complex. In Delhi and Mumbai, there about 100 courts functioning from one complex," another judicial officer said.
"Every day several hundreds of people are visiting the courts for various works. Imagine their plight and that of the officers who have to manage such situations and also ensure that the functioning of the courts is not affected. Women visiting family courts do not even have the facility of waiting rooms from them to sit," he quipped.
Keeping in view the budgetary constraints, the Chief Justices conference resolved that wherever required, Chief Justices of the High Courts should be delegated full powers to appropriate and re-appropriate the funds, within the budget allocated by the states for the judiciary in a particular state.
The meeting also resolved that the HighCourts would approach their governments seeking funds for upgrading and augmenting the infrastructure of the courts.

High Court stays varsity order

By S A Ishaqui
Hyderabad, June 13: The AP High Court on Friday stayed the notification issued by Sri Krishnadevaraya University to recruit teaching faculty in the University College of Engineering And Technology.
Mr. A Sreenivasulu and two others had filed a petition challenging the notification in the High Court.
They told the court that the university issued notifications on
June 5 and 6 calling for walk-in- interview for recruiting teaching faculty.
The petitioners contended that the notification was illegal and flouted statutory provisions under the AP Universities Act 1991.
The petitioners said the walk-in-interview concept was unheard of in university colleges.
The petitioners alleged that the walk in interview is only a formality conceptualised by the vice-chancellor of the university to have persons of his choice.
The Indus Law Firm, counsel for the petitioners, argued that though an obligation was cast upon the university to create the posts for the faculty positions by obtaining approval of the Executive Council of the university, the said exercise was not undertaken.
After hearing the arguments Justice L Narasimha Reddy stayed the notification till further orders.

Chief Justice not absolute authority

By S A Ishaqui
Hyderabad, June 13: The AP High Court said the Chief Justice of a High Court is not the absolute authority in sanctioning or up gradation of posts in judiciary.It also said that even the state government does not have absolute authority to reject the recommendations on promotion and appointment of staff by the Chief Justice.
The State government needs to essentially consult the Chief Justice before taking such decisions.
A division bench comprising Justice VVS Rao and Justice CV Ramulu while disposing a writ petition opined that neither the Chief Justice nor the State Government is superior to other. The powers depend on the circumstances and issues related.
Mr. P Hariprasad and other employees of the AP High Court filed the petition challenging the government order rejecting the recommendations made by the Chief Justice for up gradation of 24 posts from Deputy Section Officer (DSO) to Section Officer (SO) rank in 2002.
According to the petitioners there are 60 posts of DSOs in the High Court.These posts are enumerated as category I of division II under the AP High Court Service Rules. Further promotion from the post of DSO is SO.
The Chief Justice has recommended in 2002 to the government to upgrade the DSO posts at the rank of section officer. But the government rejected the recommendation.
The Court found fault with the government saying that "the reasons furnished by the government for rejecting the approval seem to be not on sound lines and it has not taken into consideration the pragmatic approach made by the Chief Justice".
After hearing the arguments the bench observed that "while following the rationale laid down in the decisions, relied upon by the counsel on either side, we are of the view that though the power of Chief Justice under Article 229 of Constitution is not absolute and is subject to limitations as contemplated in the Article".
The bench further observed "in the instant case the exercise made by the government cannot be said as reasonable while rejecting the approval of the recommendations made by the Chief Justice under the Article 229 of the Constitution".
The bench opined that it is necessary that the government should reconsider the issue, after taking necessary consultation with the High Court.
The bench directed that the state government pass appropriate orders on the recommendations of the Chief Justice while taking into the consideration the observation made by the bench in the case.
The bench asked the government to pass orders within eight weeks from the date of receipt of the court order.

Court asked details on mud fort

By S A Ishaqui
Hyderabad, June 12: The AP High Court on Thursday asked the the Revenue department counselto get instructions and details from the government on alleged demolition of 1800 years-old mud fort at Kamarapukota in West Godavari district.
A division bench comprising Chief Justice AR Dave and Justice R Subhash
Reddy heard a PIL filed by K Suresh and others of the village alleging that revenue officials have been digging the wall of the mud fort by using machines.
The petitioner told the court that there is threat to the ancient "Bhadrakali Sametha Veerabhadra Swamy" temple situated within the premises.
Ms D Lalitha Prasad, counsel for the petitioner, informed the court that the fort was build by Kamareddy, one of the Reddy kings.
On the western side of the fort there's a moat and officials are trying to fill up the moat with debris to allot house sites to weaker sections.
The petitioners urged the court to direct that the government declare the fort as "ancient" property.

Court reserves decision

By S A Ishaqui
Hyderabad, June 11: The AP High Court on Wednesday reserved its judgment on a batch of writ petitions filed by over 300 construction companies, irrigation contractors and firms challenging a government order to deduct the one percent labour cess
The Deputy Financial Advisor to Government had instructed the Director,
Works and Accounts to issue instructions to all Public Accounts Officers to deduct one per cent labour cess from all other contractors’ payments made from June 26, 2007.

Justice N V Ramana heard the arguments of the petitioners and the government.
Earlier the court granted stay on deduction of cess from the petitioners till further orders.
The petitioner's argued that the orders had been given without following Sections 4 and 5 of the Building and other Construction Works Welfare Cess Act, 1996.

Writ against fiber venture

Hyderabad, June 11: A writ petition was filed in the AP High Court challenging the state government‘s order to form of a joint venture company with Power Grid Corporation, AP Transco and Online Media Solutions Limited (OMSL) for laying of optic fiber lines in the state.
Mr. M. Thimma Reddy, Convenor of Peoples Monitoring Group on
Electricity-Regulation in his writ petition stated that a proposal was mooted in 1998 to form a joint venture to lay optic fibers. Earlier, AP Transco had the exclusive rights over this.
According to the petition, the Power Grid Corporation was roped in as pre selected partner and it was decided that private parties will be invited as third partner to create Joint Venture Company.
The AP Transco and Power Grid Corporation agreed in 2001 that they would jointly invite a third JVC partner and it would be selected through global invitation. It was also decided that the third party would have balance equity of 51 per-cent in the project.
The Transco would be holding equity of 26 per-cent and the Power Grid
Corporation would hold an equity up to 23 per-cent. Subsequently, a notification for global invitation for bids to select a third joint venture partner was issued on February 22, 2002.
After that 51 per-cent equity was given to the consortium comprising the
OMSL, Videcocon and Swernium Multi ventures (SML).
The petitioner alleged that the bank guarantee submitted by OMSL in 2002 after receiving the Letter of Intent was forged.
He told the court that the concerned bank had recommended police action against the OMSL, but it failed to evoke any response.
The petitioner submitted to the court that in December 2007, they came to know that the government issued a GO. Ms. No. 116, insisting that the
Transco form a joint venture company with the OMSL.
He said that it came as a shock to all of them when it was reported as early as in October 2006 that the project was being dropped.
The petitioner urged the court to restrain all the respondents from taking any further action in the light of impugned GO.

Hoarding row in court

By S A Ishaqui
Hyderabad, June 10 : A tug of war between the Roads and Buildings department and the Hyderabad Urban Development Authority over sharing the income generated from signboards on Madhapur road has reached the AP High Court.
The court expressed its anguish over the "unnecessary confrontation" between the two government agencies over money sharing.
Janhita Publicities Private Limited and See More Communications Private Limited filed writ petitions in the court stating that the R&B department had granted permission to them to install vertical signages at road medians from Gachibowli to Nanakramguda junction and from Kondapur cross road to Gachibowli junction on lease of Rs 2,550 per each board.
The petitioners stated that they have set up the boards after obtaining permission from the GHMC. They, however , some other parties trying to install sign boards with the connivance of the HUDA officials.
Justice N V Ramana asked the counsel for HUDA to inform who had granted permission to other parties to set up sign boards.
Mr Dhanunjaya, the counsel for the HUDA, said the HUDA is looking after the maintenance of the road.
The judge said "maintaining of road means you have a power to sell away the road".
Justice Ramana said he will direct the registry to book a criminal case against the officer concerned (HUDA) to third parties to install sign boards.
The court directed the advocate general to convene a meeting of both the departments and solve the issue amicably by Friday.
Unofficial respondents should not put up or remove the sign boards on the road untill further orders are issued, directed the court on Tuesday.

AP to contest HC order in top court

By Shariff Ameeruddin Ishaqui
Hyderabad, June 9: The state government will challenge in the Supreme Court the High Court decision to suspend two police oficers in a habeas corpus case.
A division bench of the High Court had recently directed the Kadapa and Chittoor SPs to suspend two sub-inspectors for misleading the court with the case of a missing girl.
The government decided to go for an appeal after consultation with the Advocate General C V Mohan Reddy and police top brass.
The case pertained to physiotherapy students, Ms Gayatri and Amrurh Raj ,who were said to have got married on April 30.
The bench comprising Justice L Narasimha Reddy held a special sitting on June 2 to deal with the case. But the judges were not inclined to withdraw the suspension orders slapped on the two sub-inspectors.
However, they added that the case would be closed only after getting the district judge's report. The bench had earlier ordered the district judge to conduct an enquiry into the issue.
The general practice is for that the court to close habeas corpus cases after police produces the missing persons.
The Kadapa superintedent of police Mr Mahesh Bhagwat, told this correspondent that both the sub inspectors were suspended on June 4.
It is learnt that the governmnet will now file a special leave petition in the SC after obtaning the certified copies of orders and proceedings of the High Court.

RTI Act perfect tool for justice to needy

By Shariff Ameeruddin Ishaqui
Hyderabad, June 3: The Right to Information (RTI) Act has emerged as aperfect tool for the needy to seek justice.
The government has been under fire as citizens are using the RTI to nail officials in court. In a majority of cases the government is coming under sharp criticism from judges of the AP High Court.
The RTI has been enabling the petitioners to get the relevant records from the government to prove their cases.The High Court has pulled up several officials in several cases as most of the petitioners and their counsels have exposed chinks in the administration by submitting the documents which they obtained through RTI Act.
Several government departments including revenue, panchayat raj and rural development, general administration and others have faced the wrath of the court when the court pointed out the lapses and misinformation submitted through the counter affidavits.
In many a case, the counter affidavits filed by the departments concerned are grossly exposing the lackadaisical attitude of the officials as the petitioners are able to successfully present relevant documents in more detail than those submitted by the authorities along with the counter affidavits.
Using the RTI as a potent weapon, common petitioners are tactfully extracting all required information from the departments concerned to make their case fool proof and proving to be oneup on the inert officials, who areclearly being caught off guard.
In a recent case, a petitioner successfully proved before the court that officials of the Panchayat Raj department have failed in conducting a joint inspection to asses potentiality of ground water in their village in Krishnadistrict.
The Panchayat Raj officials told the court that the joint inspection was already over, whereas the petitioner submitted a letter issued by the ground water department that there was no inspection so far in thevillage.
Similarly, in another case the revenue department was also caught in the court by providing false information to the court and the judge warned the officials that a contempt proceedings has been initiated against the officials if they dare to commit such mistake in future.
The judge observed that the official said not even perusing the records before furnishing information to thecourt.
"It seems that they have been depending on outsourcing on preparingof counter affidavits".After observing these kind of mistakes often committed by the government servants most of the judges alsosuggesting the petitioners to obtain the information through the RTI. In some the cases the court itself directed the departments concerned to provide information to the petitioner underthe Act.
Senior bureaucrat Shafiquzzaman succeeded to the get the information of corrupt officials under the Act through the court.
Mr P Subhash, a practising advocate of the High Court said "earlier we has to depend on the mercy of the concerned officials to get the relevant documents to prove the case. Most of the time we could not able to get all the material as the officials refuses to provide the records. Thanks toRTI, now we are not only able to get thedocuments it facilitated us even to project the malpractice done by the officials".
Mr Venkat Rajaram, a senior advocate said "after the introduction of the Act we are suggesting our clients to get the relevant documents through the act before filing the case in the court. This is helping our clients to get favourable orders in early".

AP High Court not to revoke orders

By Shariff Ameeruddin Ishaqui
Hyderabad, June 2: The special sitting of the vacation bench of the APHigh Court onMonday has taken a new twist when the bench refused the request of the advocate-general to withdraw the orders of the suspension of two sub inspectors of Kadapa andTirupati west police stations.
It may be mentioned that the High Court passed an order on May 29 to suspend both the SIs on the ground that they mislead the court in a case pertaining to theMs Gayatri and Amruth Raj, fourth year physiotherapy students, who were said to be married on April30.
The bench comprising Justice L Narasihma Reddy and Justice RameshRanagnathan got annoyed when advocate-general CV Mohan Reddy said on what basis the bench came to conclusion that it is a ploy created by the police.
Justice Ramesh Ranganathan seriously objected to the comment of the AG and said theAG is not supposed to pose such questions to the court.
When the AG said he posed the question to himself, the judge pointed out that "then how can you address'yourlordships' . I am sure that you are aware that it is basic fundamental that the counsel cannot pose questions to the court."
Justice Narasimha Reddy said "if you start putting questions and attributing motives to the bench it will become difficult to deal with the case. It's boggling us why this case is taking new turns since its beginning".
The bench observed whenever police produces the girl during the course of dealing with an habeas corpus petition the court used to close the case after the recording the statement of the girl."
But in this case we are not going to close the case since law executiveis apparently taken it as an issue of prestige. We decided to wait for the district judge's report as we ordered to conduct an enquiry on the developments when the girl lodged acomplaint to the Kadapa Lok Adalat".
The bench took a serious view when the AG submitted that the girl appeared before the judicial first class magistrate on May 30, and the magistrate recorded the statements of the girl and her husband.
The AG produced the copy of the statement of the girl.The bench asked the AG "we passed suspension orders on May 29, the girl and her husband appeared before the magistrate very next day when you came to know that and how can you obtain the copy?
The bench directed the magistrate that he submit a report to the court on the circumstances that led to the recording of their statements and asked it to a send copy of the statement of the girl's husband.
The court also questioned the AG about the suspension of the both SIs. The AG replied that the district police superintendent was not competent to suspend the officers and they sought a clarification from his office.
The bench asked him whether he had filed any application to the court in this record. He replied in negative and asked the court to record his statement.
The court observed that the law executive officer was supposed to assist the court to deliver the justice and they cannot support misdeeds committed by the police or other government servants.
The case was posted to June 13.

Assess mishap, says HC

By S A Ishaqui
Hyderabad, May 28: The AP High Court on Wednesday directed that the state should appoint a fresh committee to assess the fire mishap at Guntur Chilli Market Yard that took place on May 3. While dealing with a petition filed by the Guntur Chillies Merchants’ Association challenging the GO issued by the state on May 21, Justice C.V. Ramulu passed orders to set aside the GO. The judge observed that a commission agent is neither the seller nor the purchaser and the agent is only a facilitator of transaction between the seller and the purchaser.
The judge said the agent is not be responsible in paying compensation to the farmers who lost their stocks.

8-yr-old not allowed to sit for SSC

By S A Ishaqui
Hyderabad, May 28: A division bench of the Andhra Pradesh High Court on Wednesday refused to pass an order to permit an eight-year-old boy to appear for the SSC examinations. While dismissing a writ appeal filed by Dogga V. George, son of D.A. Janardhana Rao, resident of Kothavalasa village of Vizianagaram district, challenging the order of the single judge, the bench upheld the single judge order.
The single judge earlier dismissed the petition filed by the boy seeking a direction that the government permit him to appear for the SSC examinations.
The bench observed that “no one doubts the brilliance of the boy. But it is not advisable to put more pressure on the mind of a eight -year old kid”.