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.
Sunday, June 29, 2008
Friday, June 27, 2008
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.
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.
Thursday, June 26, 2008
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
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
Wednesday, June 25, 2008
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.
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.
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.
Wednesday, June 18, 2008
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.
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.”
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.
Sunday, June 15, 2008
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.
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.
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.
Saturday, June 14, 2008
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.
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.
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.
Friday, June 13, 2008
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.
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.
Wednesday, June 11, 2008
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.
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.
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.
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.
Tuesday, June 10, 2008
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.
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.
Wednesday, June 4, 2008
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".
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".
Tuesday, June 3, 2008
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.
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.
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