Saturday, August 29, 2009

AP High Court seeks Icet admission details

By S A Ishaqui
Hyderabad, Aug. 28: The AP High Court on Friday sought a report on the counselling conducted by the consortium of private unaided minority professional colleges for Icet admissions.

A division bench comprising Justice B. Prakasha Rao and Justice P.V. Sanjay Kumar directed the observers appointed by the Admissions and Fee Regulatory Committee (AFRC) to submit their reports to the court about the transparency of admissions being undertaken by the Consortium of Minority Educational Institutions for the MBA and MCA courses.

The court was dealing with a petition filed by Minorities Rights Protection Committee, represented by its general secretary, Mr Fasiudin.

The petitioner complained the court that the Consortium and its constituent colleges have indulged in large scale irregularities while making admission to MBA and MCA courses in 2008-09 academic year.

Inquiry into Dalit attack

Justice B.K. Somasekhara, who is heading a commission of inquiry to investigate the reasons behind the attacks on Christians in Mangalore and other parts of Karnataka, will hold a sitting of his commission at the AP High Court on Saturday. He will record the deposition of a writer whose ideas too have played some role in the whole episode.
Justice Somasekhara will sit in the court hall No. 33 of the HC. Justice Somasekhara was appointed by the state government of Karnataka to inquire into the attacks on Christians occurred in September 2008 in Dakshina Karnataka and other districts in the state.

Petition on religious grant

A writ petition was filed in the AP High Court on Friday challenging the action of the government in providing financial aid and assistance for construction of churches, mosques, or any other religious places including repairs, maintenance or renovation of those places.

Mr T. Hanuman Chowdary, a city resident, filed the petition seeking a direction to declare the action of the government in promoting the interests of Christians by extending grant-in-aid for construction and maintenance of institutions belonging to Christians as unconstitutional. The petitioner said the action of the government was violative of Article 14, 25, 26, 27, 266 and 283 of the Constitution.

Set right TTD affairs

By S A Ishaqui
Hyderabad,Aug 28 : Three separate petitions were filed at the AP High Court on Friday seeking to set right the affairs of the Tirumala Tirupati Devasthanams.

Professor D. Manohar Rao, retired professor of Genetics department of Osmania University and three others filed the petitions urging the court to dissolve the existing Board and constitute a new board under Section 96 of the Act 30 of 1987.

The petitioners also asked the court to declare all the decisions taken by the TTD Board from 1991, other than policy matters, as invalid and ultra vires.

They requested the court to appoint a committee comprising experts to ensure that the interests of the Lord Venkateswara temple and its properties are protected.

Friday, August 28, 2009

AP High Court sets new date to count Lord Balaji assets

By S A Ishaqui

Hyderabad, Aug 27 : The AP High Court on Thursday rejected the plea of the Tirumala Tirupati Devasthanam executive offficer that he is unable to attribute the failure in ensuring annual verification of audit of the assests of the temples under the control of the TTD to the state government or the TTD.

Mr IYR Krishna Rao, the EO of the TTD in his undertaking submitted to the court explained that the TTD is prepared to submit master list as directed by the High Court, but he cannot attribute the failure either to TTD or the state government as he is being paid by the TTD and the state government.

He suggested in his affidavit that since he falls under the administrative purview of the TTD executive board and the endowments department,it is better if the answers are sought straight from the two agencies.

He urged the court to modify the order, as far as attributing the failure to the TTD or state government by entrusting this task to any other appropriate authority.

He also urged the court to grant to two months time after the completion Brahomostavam to prepare master list of the TTD assets.

A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan rejecting the plea of the EO entrusting the job of identifying the failure on the part of TTD or the state government,observed that the government cannot shirk its responsibilities saying that he has been working under the TTD.

It said that he could be more assertive because he was protected by the TTD and also by the constitution by virtue of his position as an IAS officer.

The bench fixed a new deadline for the completion of the verification of the assets under the control of the TTD including movable and immovable properties in the state and other parts of the country .

The court directed the TTD to complete to verification and audit of the TTD assets having in state by the end of October 31 and submit it to the court in a sealed cover on the day.

The judges also directed the EO to complete the verification of assets TTD is having in other parts of the country by November 30, and submit the report to the court.

The bench further directed the EO to come out with the current value of the diamonds and other jewellery apart from mentioning their weight,caratage, purity particulars.

Mr S R Ashok, senior counsel who appeared on behalf of the TTD told the bench the authorities might have mentioned the values of the articles as they were shown in the books. These entries were in accordance with the rates prevailing at the time of their offering.

He contended that some of the diamonds depict lesser value because they were offered to the deity during the time of Kings and kingdoms and their value entered at that time minus depreciation must have been the reason for the less value depiction.

Mr S Ramachandra Rao, senior counsel who appeared on behalf Mr Bezavada Govinda Reddy, the petitioner, objected to the way the authorities were showing shockingly lesser value for the lost jewellery of the lord.

He said three pearls which were lost were valued at Rs 30, four diamonds cost was shown as Rs 500 per diamond and the value of the 5 white stones was put at ten rupees per pearl.

He said that his client was subjected to threats by some unidentified persons after he filing the petition on irregularities which are taking place in the TTD.

Responding to this the judge said that they have seen some news reports with regard to this and directed the petitioner to file an affidavit within two weeks explaining the details of the threatening and inducement he is facing for withdrawing the writ petitions.

The court also directed the OSD of the TTD Mr Seshadri to file an affidavit within two weeks regarding the cracks and breaking noted on Ruby of the Lord in 1999.

The case was posted to September 14 for further hearing.

Hi-tech alarm to protect Balaji jewels

By S A Ishaqui

Hyderabad,Aug. 27: The precious ornaments of Lord Sri Venkateswara of Tirumala will soon get Radio Frequency Identification (RFID) protection from thefts and misappropriation. Under the system being readied by the city- based Electronics Corporation Of India Ltd, an alarm will be triggered when ornaments are removed from the temple premises.

The technology is so tamper proof that if someone attempts to detach the radio frequency identity tags from the jewellery, a loud siren will be heard. It will also alert the store administrator in case ornaments go missing. The ECIL will also give identification number for the ornaments, which will be labelled by a security hologram. Further, it will prepare a database containing description of the ornaments and information of donors and their addresses.

After gold dollars went missing from the treasury at Tirumala, the government had appointed the Justice M. Jagannadha Rao commission to recommend ways to protect the jewellery at the temples.

The commission, which examined steps taken by the TTD for the security of jewellery and valuables, suggested foolproof measures to prevent recurrence of theft.

Friday, August 21, 2009

CAT cancels transfer of Shafiquzzaman

By S A Ishaqui

Hyderabad,Aug. 20: The Central Administrative Tribunal (CAT) on Thursday struck down an order issued by the government transferring the senior IAS officer, Mr Mohammad Shafiquzzaman, as commissioner of inquiries.
The CAT directed the government to let him continue in his present post as managing director of the AP State Warehousing Corporation until he is transferred to a legally created cadre post or a post which is within the permissible limit of the state deputation reserve.
The CAT bench comprising its vice-chairman, Justice P. Lakshmana Reddy, and administration member, Mr R. Santhanam, while delivering the order on the petition filed by Mr Shafiquzzaman challenging his transfer, found fault with the way the state administration transferred him in a hasty manner violating their earlier order.
The bench after examining the records held that the post of commissioner of inquiries is only a secretary cadre p. It ruled that Mr Shafiquzzaman, who is a principal secretary rank officer cannot be transferred into a secretary cadre post.

HC refuses bail for Kampani

Justice B. Seshasayana Reddy of the High Court on Thursday refused to grant anticipatory bail to Mr Nimesh N. Kampani, financial consultant and former promoter-director of Nagarjuna Finance Ltd (NFL) in the case of misappropriation of deposits of the company. The court was not impressed with Mr Kampani’s offer that he is ready to deposit Rs 1 crore with the court as security and surrender his passport. The judge had on Tuesday called for a report from the police about the investigation with reference to the role of Mr Kampani. He perused the records on Thursday and felt that Mr Kampani may not be given any anticipatory bail now.

HC: Beautify Ashoor Khana

A division bench comprising Justice T. Meena Kumari and Justice G.V. Seethapathy of the High Court on Thursday directed the authorities to restore and take up beautification of the Badshahi Ashoor Khana, a protected monument, Naqarkhana and other constructions in Patherghatti.
The revenue department informed the court on Thursday that all the illegal encroachments were removed from the site on Wednesday. The case was posted to Monday.

NCC quota in MBBS stayed

The AP High Court on Thursday suspended the operation of GO Ms. No. 152 issued on July 21 providing reservation for NCC cadets holding C certificates in MBBS and BDS admissions. The court while dealing with a petition directed the government not to implement the GO for this academic year as it was issued after the notification of the counselling.

List jewels of Lord, AP court tells TTD

By S A Ishaqui

Hyderabad,Aug. 20: The Andhra Pradesh High Court on Thursday directed the Tirumala Tirupati Devasthanams (TTD) to submit a comprehensive inventory of its assets including jewellery within two months.

A division bench comprising Justice G. Raghuram and Justice R. Ranganathan granted seven days to the TTD executive officer to submit an undertaking. The bench was dealing with a petition filed by Mr Bezawada Govinda Reddy, a Congress leader of Nellore district, who alleged that the valuable jewellery was being misappropriated.

Though the TTD’s counsel, Mr S.R. Ashok, volunteered to disclose more if the session was held in the judges’ chambers, the bench turned it down and said it will not hear anything “which is not publicly consumable.”

The court had directed the TTD on August 3 to place before it the inventory of the entire jewellery of the Tirumala temple as well as the other temples under it, but the TTD failed to produce the comprehensive list. Instead, it submitted a book containing the details of some jewels but the bench was not satisfied and asked for a master list of all jewellery, precious and semi precious stones

Thursday, August 20, 2009

AP High Court stays filling up of port posts

By S A Ishaqui
Hyderabad,Aug. 19: A division bench of the AP High Court on Wednesday stayed the filling of 49 posts in Gangavaram port, Visakhapatnam, from the list of displaced fishermen.
The petition filed by Ganagavaram Sampradaya Mastyakarula Sangam informed the court that a list of 317 fishermen was initially prepared but later another list of 717 people was made based on a directive from the Lok Ayukta.
The petitioner contended that the Lok Ayukta does not have jurisdiction to pass such an order.

HC stays eviction

Justice C.V. Ramulu of the AP High Court on Wednesday stayed an order issued by the tahsildar of Kothapatnam mandal in Prakasam district, directing eviction of 300 farmers from their salt pans in Motumanda village.
The farmers told the court that they had been manufacturing salt in the pans for three decades and the tahsildar passed orders in order to evict them from their land stating that the land was required to set up industrial units.
They said the authorities had tried to evict them from the land in 1988, but the court stayed the attempt.
The court also directed the revenue authorities not to displace them until further orders.

Top cop told to explain

The AP High Court on Wednesday issued a notice to the deputy inspector-general of the Special Protection Force, Mr Yesuratnam, asking him to file his reply on a petition that challenged his exoneration in an ACB case.
The court was hearing a petition filed by Mr Kasireddy Srinivasulu of Hyderabad, who complained that the government was “lenient” towards the officer.
He told the court that though the DIG was caught in a disproportionate assets case, the government did not grant the required permission to ACB to prosecute him. He said that the government planned to close the matter with a departmental probe.
The state government in its reply told the court that it has the discretion to drop a case. The bench, not satisfied with the government’s response issued a notice to the DIG and asking him to explain his version by September 2.

CBI told to halt tests

The CBI on Wednesday informed the AP High Court that conducting polygraph and brain mapping tests on the accused in Satyam scam was not unconstitutional.
CBI counsel, Mr T. Niranjan Reddy, contended that to unearth the diversion of funds, these tests were essential.
The court directed CBI not to conduct tests on Ramalinga Raju, his brother, Rama Raju, and the CFO, Vadlamani Srinivas, until Monday.

Wednesday, August 19, 2009

AP High Court seeks report on Nagarjuna Finance Ltd probe

By S A Ishaqui

Hyderabad, Aug. 18: The AP High Court asked the public prosecutor for a report on the progress of investigations into the cheating case registered against Nagarjuna Finance Ltd (NFL) by Thursday.

Justice B. Seshasayana Reddy was dealing with a petition filed by Mr Nimesh N. Kampani, financial consultant and former promoter-director of NFL seeking bail.

Earlier the High Court and the Supreme Court had dismissed Mr Kampani’s bail plea and refused to quash criminal proceedings initiated against him under the AP Protection of Depositors of Financial Establishment Act, 1999.

Mr Kampani and other executives of NFL are under investigation for the firm’s alleged failure to return Rs 98.3 crore collected from 85,160 depositors in 1997-98.

Senior counsel, Mr C. Padmanabha Reddy, told the court that Mr Kampani was ready to pay Rs 1 crore as security and provide an assurance that he would cooperate with the investigators.

Admission in sports quota

Justice R. Subhash Reddy of the High Court directed the NTR Health University not to approve admissions made so far in MBBS under the sports quota.

The judge was dealing with a petition filed by Ms B. Mounica, questioning the action of convenor of Eamcet, NTR Health University and the Sports Authority of AP in not including her name in the sports and games merit list 2009. She said she had secured first and third positions in sailing championships in 2006 and 2007. The petition was posted for Monday.

Info on MBBS age relaxation

A division bench comprising Justice Ghulam Mohammed and Justice Nooty Ramamohana Rao sought to know from the government by Wednesday on what basis it allowed age relaxation to students aspiring to join the MBBS course.

The bench was dealing with a petition filed by Mr A. Mohan, father of 16-year-old Sai Deepak, seeking a direction to allow him for MBBS counselling. As per the guidelines of the Medical Council of India, candidates should complete 17 years of age as on December 31 of the year of admission.

Stay on 2nd shift colleges

The AP High Court on Tuesday stayed an order issued by the state government allowing engineering colleges to run polytechnic courses in second shift. The court asked the respondents to submit their replies.

Decision on CM on Sept. 9

A division bench comprising Justice D.S.R. Varma and Justice R. Kantha Rao said it was not informed of the facts of the petition filed on Idupulapaya land issue.

The bench was dealing with a petition filed the TD leader, Mr Ashok Gajapathi Raju, who contended that seven statutes were violated by the Chief Minister while surrendering assigned land in his Idupulapaya Estate.
The court said counsel for the petitioner had not mentioned facts and posted the case to September 9. The bench said it would be limiting its hearing to admissibility of the petition and issuance of notice to the Chief Minister and the revenue minister.

Info sought on flu masks

The AP High Court issued notices to the state government seeking its response to a public interest litigation that wants wearing of masks in public places mandatory to prevent the spread of the H1N1 virus. The petitioner, Mr Sridhar Reddy, executive director of SV Organic Pvt Ltd, said that people could get infected at public places.

Sunday, August 16, 2009

CM likely to seek more judges for High Court

By S A Ishaqui
Hyderabad, Aug. 14: The Chief Minister, Dr Y.S. Rajasekhar Reddy, is likely to press for appointment of judges to the Andhra Pradesh High Court to overcome the acute shortage at a joint conference of Chief Ministers and Chief Justices of High Courts to be held in New Delhi on August 16.
Dr Reddy has decided to stress on the issue as there was an abnormal delay in filling up 18 vacancies in the AP High Court, according to the sources close to the Chief Minister’s Office. He will press for filling up all the vacancies at once.

While the sanctioned strength of judges is 49, the present strength is 31. The AP High Court Bar has been pressurising the government to fill up the vacancies.

As on March 31, the total number of cases pending in the AP High Court was 1,73,454.
Sources in the judiciary told this newspaper that the actual strength of judges is 39 and the Centre had sanctioned 10 additional posts. As per norms, the judiciary can take up the process of filling regular vacancies of eight judges first and 10 vacancies would be filled at a later stage.

Out of eight regular vacancies, two or three posts will be filled up from the judicial service and the remaining will be filled up with members of the High Court Bar, sources said.

Saturday, August 15, 2009

Sons abandon mother, want case quashed

By S A Ishaqui

Hyderabad, Aug. 14: Three sons who deserted their aged mother in a graveyard in Tirupati in 2006 approached the Andhra Pradesh High Court seeking quashing of a sentence imposed on them by the third additional session judge court of Tirupati.

N. Ramesh, N. Nagaraju and N. Sudhakar, sons of Parvathamma, a resident of Tirupati town, were convicted by the lower court and sentenced to three years imprisonment for leaving their mother to death in the graveyard.

According to the prosecution, the trio abandoned their mother after grabbing her three-storey building. She used to beg on the streets for survival. On November 16, 2006, she fell unconscious at Pachhika Palem in the town and locals identified her and informed her sons. They took her to a nearby graveyard and left her there.

A Good Samaritan informed the sarpanch about the woman. He admitted her to the SVIMS Hospital. She died on November 18.

Ayush chief gets notice

The Andhra Pradesh High Court issued notices to the commissioner, department of Ayush, in a contempt case.

A division bench comprising Justice V. Eswaraiah and Justice Vilas V. Afzulpurkar was dealing with a contempt petition filed by one Dr S. Bhavani, senior medical officer of Nature Cure Hospital, seeking a direction to punish the officials for contempt of orders of the High Court.

The High Court ordered the Ayush commissioner to consider the seniority of the petitioner for the post of chief medical officer. The court suspended an order which named another officer — who was a junior to the petitioner as per the roaster point — for the post.

ESIC to process insurance claim

Justice P. Lakshmana Reddy of the Central Administrative Tribunal directed the Employees State Insurance Corporation (ESIC) to process the reimbursement claim of Rs 3.84 lakh, which a retired employee spent on emergency treatment for his wife’s heart problem.

The judge was dealing with a petition filed by one B. Mutyalu, a retired assistant director of ESIC. The judge over-ruled the objections raised by the ESIC authorities and asked them to rely on the emergency certificate issued by the hospital.

Friday, August 14, 2009

5 MLAs get HC notice over their election

By S A Ishaqui

Hyderabad,Aug. 13: The Andhra Pradesh High Court on Thursday issued notices to five MLAs including two from the Telugu Desam based on petitions filed challenging their election.
Justice G. Bhavani Pr-asad, while dealing with the petitions on their elections, issued notices to Mr Payyavula Kesav, Mr Ramesh Chennamaneni (both TD), Mr Janardhan Thatraj Mr Veeravara Tohadamarala (PR), Mr B. Appala Naidu, and Mr Y. Saiprasad Reddy (both Congress) seeking their replies on the petitions.
Mr N. Jayaraj, the former MLA of Kurupam, filed the petition against the election of Mr Janardhan Thatraj, alleging that he contested the polls by making false claims about his social status.
Mr Pathivada Narayan Swamy, former TD leader, filed the petition against the election of Mr B. Appala Naidu, Congress MLA from Nellimerla constituency. Mr Aadi Srinivas, the defeated Congress candidate, filed the petition challenging the election of Mr Ramesh Chennamaneni from Vemulavada constituency in Karimnagar district. Mr Meenakshi Naidu, TD lea-der, challenged the election of Mr Saiprasad Reddy from the Adoni Assembly seat.
The petitions were posted to September 10 for further hearing. The MLAs will have to submit their replies to the court.

Guntur cop not to be arrested

The Andhra Pradesh High Court on Thursday directed the Guntur police not to arrest Mr Ranganath Goud, sub-inspector of Ponnuru police station, till Monday.
The court was dealing with a petition filed by him seeking a direction to quash the criminal proceedings against him at Ponnuru police station.
The police registered a case against Mr Goud based on a complaint lodged by Shaik Razia Sultana alleging that he had cheated her after promising to marry her.

HC to hear plea on ACA

The Andhra Pradesh High Court will hear a petition on Monday seeking a direction to appoint a committee to inquire into the affairs of the Andhra Cricket Association.
Mr Ambati Ramaiah of Guntur filed the petition in which he cited the recent controversy between Mr G. Ganga Raju, president of the ACA, and Mr Chamundeswarnath, who was suspended as secretary.
He said that the ACA administration was affected in the apparent power struggle between the two. He told the court that the power struggle in the ACA was due to the huge inflow of funds due to the popularity of the game.

Thursday, August 13, 2009

Chamundi: Get cops to act on complaint

By S A Ishaqui

Hyderabad,Aug. 12: The former secretary of the Andhra Cricket Association (ACA), Mr V. Chamundeswarnath has approached the AP High Court seeking a direction to the Banjara Hills police to take action on a complaint lodged by him against Mr G. Ganga Raju, president of the ACA, and his relative Mr G. Ranga Raju.
The petitioner alleged that the duo alongwith one Mr P. Narayana Swamy has teamed up to eliminate him and pave way for Mr Ganga Raju’s entry into BCCI.
He told the court that he lodged the complaint at the Banjara Hills police station on June 21 and also submitted a compact disc confirming the conspiracy.
He told the court that the police has not taken up investigation.
Dealing with the petition, Justice Gopala Krishna Tamada asked counsel for the home department to report back on the issue after a week.
Elsewhere, Mr S.R. Ashok, senior counsel who appeared on behalf of the ACA, submitted before Justice P.S. Narayana that the ACA will not take any final decision on expulsion of Mr Chamundeswarnath from the association in its meeting on August 16

RTC to pay PF for hired drivers

By S A Ishaqui
Hyderabad, Aug 12 : The AP High Court on Wednesday set aside a notification issued by the AP State Road Transport Corporation (APSRTC) directing hired bus operators to pay Employees Provident Fund (EPF) to their drivers.

This means the APSRTC is liable to pay EPF and other relavant contibutions to drivers hired by the corporation.

Justice N.V. Ramana, while allowing a batch of writ petitions filed by hired bus owners challenging the APSRTIC notification, said it suffered from the vice of violation of principle of natural justice, that it cannot be sustained and was liable to be set aside.

The RTC had set out the notification after an order issued by the Regional Provident Fund Commissioner under Section 7-A of the EPF Act had fixed the liability of making the PF and other contributions of hired bus drivers on the RTC by treating the corporation as the principal employer.

The judge while citing relevant portions of the order of the regional provident fund commissioner, said the order made it clear that the liability to make the PF and other contributions of hired bus drivers was fixed on the RTC.

The judge said the RTC cannot shift its liability to the contractors (hired bus owners) by making a provision in the contract agreement. The judge observed that since the RTC did not challenge it, the order has attained finality.

HC seeks info on theatres

The AP High Court issued notice to the state government to explain the steps taken by it to ensure the implementation of safety provisions in cinema theatres across the state.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a petition filed by Mr Natwa Giridhar Rao, an agriculturist from Chintapalli village in Nalgonda district, seeking a direction to the government to provide foolproof safety measures in all cinema theatres. The court granted a week to the government to file its reply.

Stay extended on Raju lie test

By S A Ishaqui
Hyderabad, Aug 12 : Justice G. Bhavani Prasad of the AP High Court on Wednesday extended interim orders till August 19 directing the CBI not to proceed further in conduction polygraph and brain mapping tests on the former Satyam chairman, Mr B. Ramalinga Raju, and his associates.

The judge was hearing petitions filed by Mr Raju and his associates challenging the lower court order which allowed the CBI to conduct the tests.

Tuesday, August 11, 2009

Conservator of river permit mandatory

By S A Ishaqui

Hyderabad,Aug. 10: The Andhra Pradesh High Court on Monday declared that calling tenders for granting sand quarrying lease on river beds without getting clearance from the river conservator was illegal.

A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan was dealing with a PIL challenging the lease on Krishna river bed to a contractor at Kollipara village in Guntur district without getting the prior clearance from the river conservator.

The bench held that Rule 9-B (6) of AP Minor Mineral Concessional Rules is mandatory and the authorities should strictly adhere to the rule while issuing the tender notification for granting lease.

The court declared that the Rule 23 of WALTA (Water and Land Tree Act) was in no way applicable while granting lease of sand quarries in the state.
While allowing the PIL the court suspended the lease granted by the mines and geology department at Kollipara and directed the respondents not to extract sand from the sand reach.

Mr A. Sanjay Kumar, counsel for the petitioner told the court that the AP Minor Mineral Concessional Rules mandate the department to obtain a groundwater feasibility report from the river conservator and the groundwater department before the notification for the lease is issued.

He contended that the department has been taking shelter under Rule 23 of the WALTA rule by wrongly interpreting that Rule 9-B (6) does not mandate the prior clearance from the groundwater department.

Mr Sivaraju Srinivas, counsel for the mines and geology department, told the court that they got a report from the authorities after the notification and the authorities permitted quarrying sand.

The court said that getting clearance after granting lease is bad under law. It said that it cannot consider the post clearance in this case as sand quarrying is not considered as a Republic function.

Saturday, August 8, 2009

Medicine 'B' Category seats stalled

By S A Ishaqui

Hyderabad, Aug 7 : The Andhra Pradesh High Court on Friday directed the NTR University of Health Sciences not to approve admissions made by the management of Deccan College of Medical Sciences under the B category of medical seats this academic year.

Justice N.V. Ramana was dealing with a petition filed by Shaik Pasha, an MBBS aspirant who complained that the college refused to give him an application to apply for a seat. The petitioner also complained that the management had not followed the guidelines framed by a division bench of the HC and the GOs issued by the government regarding admissions to MBBS.

AP High Court holds up brain test on Raju, aides

By S A Ishaqui

Hyderabad, Aug. 7: The Andhra Pradesh High Court on Friday asked the Central Bureau of Investigation not to proceed further in conducting a lie-detector and brain mapping test on the Satyam Computer Services former chairman, Mr B. Ramalinga Raju, and his associates, Mr Rama Raju and Mr Vadlamani Srinivas, in the multi-crore scam till Wednesday.

The court was dealing with separate petitions filed by Mr Ramalinga Raju and his associates challenging the permission accorded by a lower court to the CBI for conducting the tests on them.

Mr C. Padmanabha Reddy, senior counsel, who
appeared on behalf of the petitioner strongly opposed the tests contending that they are highly invasive. While citing a judgment of the Supreme Court on conducting these tests, he said some investigators carried out the narcoanalysis and brain mapping tests without the consent of the accused. Mr Reddy argued before Justice G. Bhavani Prasad, that the CBI wanted to know the code of the personal computer used by Mr Ramalinga Raju through these tests.

“It can be done if it is voluntary and not through coercion. You cannot ask a person to be a witness against himself,” he contended. Mr Padamanabha Reddy told the court that one case was pending before a division bench of this court and another before the SC with regard to conducting narco tests. Till the final outcome of these cases the court cannot permit any agency to conduct tests against any accused in any case.

Mr T. Niranjan Reddy, special public prosecutor for the CBI, told the court the agency would not use the information that it got through the tests against the accused. Moreover, it would not be admissible in the court, he added.

Friday, August 7, 2009

HC examines file denying ACB permit

By S A Ishaqui
Hyderabad,Aug. 6: A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan of the AP High Court perused a file relating to the government not granting permission to the ACB to prosecute the Special Protection Force deputy inspector-general, Mr Yesuratnam, in a disproportionate assets case.

The bench was dealing with a petition filed one by Mr K. Srinivasulu, an advocate. Mr Hemendranath Reddy, counsel for the petitioner, said the ACB had found assets worth Rs 43.87 lakh when it raided his house.
After perusing the file, Justice Raghuram told the additional advocate-general, Mr A. Satya Prasad, to keep it in the custody of the advocate-general’s office and that it would not be sent back to the executive till the court allows it.

No action on Chamundi

The AP High Court directed the Vijayawada police not to proceed in a case registered against Mr Chamundeswarnath, cric-ket administrator, for alleged harassment of women cricketers. Justice G. Bhavani Prasad, while dealing with a quash petition filed by Mr Cha-mundeswarnath, allowed his petition impleading cricketer Monica Sai, who had complained against him, as a respondent.

Hyderabad may get Supreme Court bench

By S A Ishaqui
Hyderabad,Aug. 6: The Law Commission of India has in its latest report suggested setting up of four regional appellate benches of Supreme Court to help reduce the burden of the apex court and to cut the cost of litigants in the legal process.
The report recommends that while a Constitution Bench be set up at New Delhi, four Cassation Benches at four regions be created at Delhi, Kolkata, Mumbai and Chennai or Hyderabad to deal with appellate work arising out of the orders and judgments of High Courts of the particular.
The report has cited “unbearable load of arrears” on the Supreme Court and has recommended division of the apex court into four Cassation Benches and a Constitution Bench. The Law Commission, headed by Justice A.R. Lakshmanan, submitted the report to the Law Ministry on Wednesday.
The report said SC is burdened with “unbearable load of arrears” and at the same time litigants too spend a lot of money travelling from far-flung areas to reach the national capital for hearings. It may also be pointed out that over 50,000 cases are pending in the Supreme Court. Hence the need for more benches in various regions of the country.
A court of cassation is the judicial court of last resort and has power to quash (‘casser’ in French) decisions of the inferior courts. “Constitutional adjudication or determination of constitutional controversies by the Supreme Court has its own importance. This includes the authority to rule on whether or not laws that are challenged are in fact unconstitutional,” the Commission observed. It said many countries have constitutional as well as cassation courts for adjudication of non-constitutional matters.
A majority of advocates of the Andhra Pradesh High Court Bar have favoured the recommendation of Law Commission on the setting up of Cassation Benches of Supreme Court in four regions of the country.
This would reduce the burden on those filing petitions in terms of distance, cost and time. Senior counsel Challa Kodanda Ram said judges are hard-pressed for time particularly while exercising their power under Article 136 of Constitution relating to special leave petitions.
“Engaging a senior counsel in Delhi is beyond the reach of many litigants. At the lower end the fee charged is Rs 50,000 per appearance. The formation of additional benches at regional level will be quite helpful in terms of cost,” he said. The principal public prosecutor of the state, Mr C. Nageswara Rao, is of the view that the power of adjudication in major cases should rest with Supreme Court in Delhi, apart from dealing with Constitutional matters. He said these powers should not be allotted to additional benches.
However, some of the advocates favoured setting up of Supreme Court benches instead of Cassation benches

Thursday, August 6, 2009

HC serves notices on 3 MPs, MLA

By S A Ishaqui

Hyderabad,Aug. 5: The AP High Court on Wednesday served notices on three Lok Sabha members, Mr V. Kishore Chandra Deo, Mr L. Raja Gopal (Congress) and Ms Vijayashanti (TRS) and the TD legislator, Ms Suman Rathod, seeking a reply on petitions filed against their elections to Parliament and the Assembly.
Justice K.C. Bhanu granted them four weeks to file their replies on charges made by different petitioners.
Mr Regu Maheswar Rao, a voter from Araku LS constituency, questioned the caste of Mr Kishore Chandra Deo. Mr Dev claimed he is a ST whereas the petitioner contended that he is Kshatriya.
Mr Sunakra Satyanarayana filed a petition against Mr L. Rajagopal, MP from Vijayawada, charging that he had submitted a false declaration with regard to his children.
Mr Narendra Nath, who was defeated by Ms Vijayashanthi, has sought recounting of votes in the Medak Lok Sabha constituency.
Mr Ajmeera Harinaik of Adilabad, challenged the election of Ms Suman Rathod contending that she is not a ST.

HC to decide trial location

Justice G. Bhavani Prasad of the AP High Court on Wednesday said he will decide whether the murder trial of Ayesha Meera, a BPharmacy student, can be held in a lower court in Vijayawada.
Satyam Babu, prime accused, filed a quash petition in the court seeking an interim direction to stay the trial till disposal of his petition.
Mr Bojja Tarakam, senior counsel for the petitioner, said there were a number of lacunae in the investigation. He said the police had arrested a person identified as Laddu and said his footprints matched those obtained from the scene of crime. But he was later let off.
Refuting the petitioner’s arguments, Mr C. Nageswar Rao, public prosecutor, said fingerprints and DNA tests proved the involvement of Satyam Babu in the crime.
The judge said he will hear the matter on August 11.

Raju custody extended

The 13th additional chief metropolitan magistrate, Mr K. Sudhakar, on Wednesday extended the judicial custody of Mr Ramalinga Raju and seven other accused in Satyam scam to August 19. They were produced before the court as their period of custody expired on Wednesday. The CBI authorities sought extension of the custody of the accused in view of the ongoing investigations into the Rs 8,000-crore scam.

Chamundi ‘victim’ backs off

By S A Ishaqui

Hyderabad,Aug. 5: A woman cricketer on Wednesday shocked everyone by saying that she had lied about being sexually harassed by Mr V. Chamundeswarnath, the suspended secretary of the Andhra Cricket Association who was the manager of India’s T20 World Cup team.

The twist in the tale occurred in the Andhra Pradesh High Court when it took up the petition of Mr Chamundeswarnath in which he alleged that he was being implicated in the case and sought quashing of proceedings against him. Mr C. Padmanabha Reddy, senior counsel arguing on behalf of the petitioner, told the court that the two women cricketers, Ms Neelima and Ms Monica Sai, had deposed against Mr Chamundeswarnath on July 24. The counsel also told the judge, Justice G. Bhavani Prasad, that Ms Neelima was present in the court.

Ms Neelima then surprised everyone present by declaring that the statement she had given earlier to the police was not true. “I was forced to speak against Chamundi and I was made to give a statement against him before the police at the behest of a coach,” she added.

The judge then said that the court would take a decision on quashing the criminal proceedings against the petitioner only after hearing the other complainant who had also alleged sexual harassment. He asked the petitioner’s counsel to implead the woman as one of the respondents. The court will hear the case again on Thursday.

Police had initially registered the case under Section 506 (criminal intimidation) and 509 (intending to insult the modesty of woman) against Mr Chamundeswarnath but later included the non-bailable Section 354 (assault or use of criminal force to any woman, intending to outrage modesty). “This was done only to see that he is put behind bars,” said Mr Padmanabha Reddy.

Tuesday, August 4, 2009

AP High Court notice to Centre on fake gallantry award

By S A Ishaqui
Hyderabad,Aug. 3: The Andhra Pradesh High Court on Monday directed the Central government to inform its stand on the issue of alleged fake gallantry awards given to four police officials in the state without their participation in an encounter in Karimnagar district in which three top naxal leaders were killed. The court also directed the Chief Secretary to file his counter within a week.
A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan, was dealing with a petition filed challenging the presentation of the prestigious awards to ineligible officials while ignoring the real ones who participated in the encounter.
The bench sought to know whether the Centre had any policy of its own other than accepting the recommendations of a state government.
The bench told Mr A. Rajasekhar Reddy, the assistant-solicitor general, that they would examine the issue on whether the Centre was performing its federal duty as envisaged in the Constitution.
Mr Reddy told the court that since the awards were withdrawn, they closed the matter at their end. The bench granted three weeks to the Centre to file its counter.

TTD told to give list of wealth

The Andhra Pradesh High Court on Monday directed the Tirumala Tirupati Devasthanams (TTD) to submit a list of jewellery, gold dollars and other assets of Lord Venkateswara and other deities under the purview of the TTD.
The court while hearing a petition filed by one B. Govinda Reddy against the inaction of the TTD in protecting the assets and punishing the guilty, asked the counsel for the TTD what the authorities were doing in this regard till now.
Mr S.R. Ashok, senior counsel, who appeared for the TTD, told the court that a retired judge of the Supreme Court was appointed to look into the irregularities.
Mr S. Ramachandra Rao, senior counsel who appeared for the petitioner expressed apprehensions over the safety of the jewellery in view of the irregularities that were coming to light and the laxity of the officials.
Meanwhile, the chairman of the TTD trust board, Mr D.K. Adikeshavulu Naidu, said that the details of the assets of all temples under the TTD, would be placed before the High Court withing the stipulated time. Till date the very query into the details about the Lord’s jewels was considered a taboo. None of the officials used to entertain the question.

Writ filed on red gram price

A writ petition was filed in the Andhra Pradesh High Court on Monday challenging the inaction of the authorities in controlling the price of red gram.

DGP, home officials pulled up for inaction

By S A Ishaqui

Hyderabad,Aug. 3: Justice Nooty Ramamohana Rao of the AP High Court reprimanded the officials of the home department for not taking stringent action for indecent behaviour.

The judge was dealing with a contempt case filed by Ms Velpula Padma Kumari, the president of Mandal Mahila Samkhya of Penuganchiprolu in Krishna district, questioning the inaction of the department in initiating disciplinary proceedings against the then Ananthapur district SI, Mr M.K. Singh.

The court had summoned the DGP, Mr S.S.P. Yadav, and principal secretary of home department, Mr Ajaoyandra Pyal.

The petitioner, had earlier filed a writ petition alleging that Mr Singh had asked the homeguards, including women, to help with the construction of his house, when he was the SP of Krishna district

The judge said, “Women have raised their voice against an official about his harassment and behaviour towards women homeguards. If the officials do not react swiftly, what would they think about the department?”

Saturday, August 1, 2009

APPOINTMENT OF INEFFICIENT LAW OFFICERS LEADS TO ADJOURNMENT OF MANY CASES :HC seeks quality pleaders

By S A Ishaqui

Hyderabad, July 31 :

The Andhra Pradesh High Court on Friday directed the state government to start the exercise of streamlining the appointment of law officers before the courts and ensure that the institution works properly.

Justice C.V. Nagarjuna Reddy, while refusing to set aside the appointment of 10 government pleaders in the High Court, said the chief secretary should constitute a committee headed by the advocate-general and comprising the law secretary and others as deemed fit within four weeks.
In a judgment of far reaching consequences for appointing law officers, the judge rapped the functioning of the present arrangement.

The judge said: "While the prerogative and privilege of selecting law officers undoubtedly rests with the government, its responsibility to choose the right and competent persons to represent the state's interest need not be overemphasised."

Justice Reddy said: "It is a matter of grave concern that performance of law officers is coming under a lot of flak. Their absence at the courts when cases are called, non-filing of counter affidavits in time, non-production of records at hearings and inadequate preparation leading to failure to answer the court's queries are forcing the courts to adjourn cases several times."

"Sagging quality of pleadings is another area of serious concern," he said. The judge disposed of a writ petition filed by Mr Kumar Babu, an advocate in the High Court. He said that 10 persons were appointed for the third time. He contended that the rules prescribe that their performance be assessed.

Only those who are rated excellent can be given appointment for the third time. He said that no appraisal was done and hence the appointment of these 10 government pleaders be set aide.

The court directed that the committee should examine the areas of deficiency insystem of appointments , functioning of law officers and submit a report to theChief Secretary.

The court said that the study shall comprise methodology to be evolved forconstant monitoring of functioning of law officers, including GovernmentPleaders and Assistant Government Pleaders. The report shall contain measuresfor improving the performance.

The issue of suitability for re-appointments and evaluate work load of GP andnumber of AGP s for each GP is also to be done. The government was directed toframe rules and guidelines based on this report.

HC stays GOs on Vanpic land acquisition

By S A Ishaqui

Hyderabad, July 31: The Andhra Pradesh High Court on Friday granted stay on 12 government orders issued by the government to acquire 3,300 acres of land for the proposed Vodarevu and Nizampatnam Ports Industrial Corridor (Vanpic) Project.

The court was dealing with a petition filed by one Mr P. Sankar Rao and several other farmers of Prakasam district seeking a direction to declare the action of the government as illegal.

The petitioners told the court that the land is being cultivated with water from the Motupally lift irrigation scheme, and they are raising two crops including paddy and cereals.

While issuing notices to the respondents, the court directed the government not acquire the land till further orders.

CAT order on IAS man reserved

Hyderabad, July 31 : The Central Administrative Tribunal on Friday reserved its orders on a petition filed by Mr Shafiquzzaman, a senior IAS officer, challenging his transfer from the post of managing director of AP Warehousing Corporation to the post of commissioner of enquires.

He complained that though the CAT had ordered the government to rectify the cadre irregularities, officials were acting with a vengeance and had posted him again to a secretary cadre post and not the principal secretary cadre post to which he belongs. Earlier, the tribunal had directed status quo on the transfer.