AP High Court upset at AP Tribunal order

By S A Ishaqui

Hyderabad, Dec. 24: A division bench comprising Justice V. Eswaraiah and Justice Vilas V. Afzulpurkar of the AP High Court on Friday expressed displeasure over an order passed by the AP Administrative Tribunal and issued notice to the Attorney-General of India to assist the court to decide on a question on whether the tribunal is competent to pass an order contrary to the order of the High Court.

The bench was dealing with a contempt petition filed by one Mr K. Narasimha Murthy, an official of the endowments department seeking a direction to punish the principal secretary to the endowments and the commissioner of endowments under the contempt of Courts Act for not reverting Mr Veerendra Varma from the post of the deputy commissioner despite court orders.

According to the petitioner, Mr Varma has been fighting a legal battle for his promotion by seeking a direction to amend the service rules with retrospective effect.

Earlier, the tribunal granted an order in favour of Mr Varma and the High Court set aside the order based on a petition filed by Mr Murthy against the tribunal’s order.

The judges opined that “the presence of Attorney General of India is necessary to deal with the situation wherein the peculiar circumstances had arisen due to passing of orders by the tribunal which are not completely in tune with the letter and spirit of the orders passed by the High Court.”

While admitting the contempt petition, the bench posted the case to February 4,2011.

10 days to explain DGP appointment

By S A Ishaqui

Hyderabad, Dec 2 : The Hyderabad Bench of the Central Administrative Tribunal on Thursday granted 10 days time to state government to put forward its views on the appointment of Mr. K. Aravinda Rao as the director-general of police. Mr J. Sudheer, counsel for Mr P. Gautam Kumar, principal secretary to the home department, who challenged the appointment of Mr Aravinda Rao, alleged that the government is indulging in perjury by misleading the judiciary in furnishing facts pertaining to the appointment of Mr Rao.

The bench comprising members Ms Bharati Ray and Mr. R Santhanam was hearing the arguments on the petition filed by Mr. Gautam Kumar. The counsel said even after the Centre’s cadre review that raised the number of DG rank officers in the state to six from the earlier four, the state went ahead and promoted seven persons to the DG rank unlawfully. He told the tribunal that the cadre review was done in June 2010 and two posts fell vacant in September, but the state promoted seven persons to the DG cadre in May 2010 itself when there were no posts at all.

State told to change investigation officer in Adapa Venkanna encounter

By S A Ishaqui
Hyderabad, Dec 2:Justice N.V. Ramana of the AP High Court on Thursday asked the special counsel representing the state government to change the investigation officer in the case of encounter killing of Adapa Venkanna, a notorious house burglar from Vijayawada.

The judge was dealing with a petition filed by Ms Adapa Mahalakshmi, wife of Venkanna, urging the court to direct the authorities to appoint an independent and impartial investigating agency to investigate the matter and book a case against the police officers responsible for the encounter under Section 302 IPC and pay a compensation of `50 lakhs to her and her children.

The judge told Mr N. Sridhar, special counsel for the government to get instructions from the authorities to spare a senior IPS officer to investigate the case and suggest three or four officers so that the court can choose from one of them to investigate the case.

Mr Sridhar told the court that Venkanna was involved in over 60 criminal cases and was killed when a police team returned fire in self defence near Pedapulipaka in Penamaluru mandal near Vijayawada in the coastal district on October 4 and the Nuzvid ASP is investigating the case at present. The judge sought the names of the officer by Friday.

YSR kin appeal in High Court to stop screening of Raktha Charitra 2

By S A Ishaqui
Hyderabad,Dec. 2: Mr Y.S. Konda Reddy, a relative of late chief minister Dr Y.S. Rajasekhar Reddy approached AP High Court seeking a direction not to screen the film Raktha Charitra 2, directed by Ramgopal Varma.

Mr Konda Reddy, a resident of Sagar Society in Banjara Hills in Hyderabad, brought to the notice of the court that he has learnt that the story of the movie revolves around a negative character deliberately made to resemble YSR. He said there was a public furore after former chief minister NTR was portrayed in poor light in Raktha Charitra 1.

He contended that projecting Dr Y.S. Rajasekhar Reddy in poor light would affect the reputation of the late CM and his family. He said that scenes portraying Dr Reddy in a poor light are liable to be deleted.

He also contended that the certification of the disputed film by the Censor was illegal and violative of Section 5 B of the Cinematograph Act 1952 and also violative of Article 21 of the Constitution.

He urged the court to direct the Censor Board to review the film certification to Raktha Charitra 2 by deleting the objectionable scenes and till then not to permit the screening of the movie.

Employees file plea against TTD

By S A Ishaqui

Hyderabad, Dec 1 :Justice C.V. Ramulu of the Andhra Pradesh High Court has referred to a division bench, a petition filed by the employees of the Tirumala Tirupati Devasthanams questioning the action of the TTD in not implementing the creamy layer in reservations and promotions to SC and ST employees as illegal.

The petition was filed by the assistant executive officer, Mr. C. Ramana, and 322 other employees of the TTD. Counsel for the petitioners, Mr K. Lakshmi Narasimha, argued that no rule of reservation can be given in the promotion to SC and ST candidates without excluding the creamy layer.

He urged the court to direct the authorities to implement the directions of the Supreme Court in M. Nagaraj v/s the Union of India, (2006). Senior counsel, Mr Bojja Tarakam, who is amicus curaie in the matter opined that the judgement of the Supreme Court did not deal with this aspect of the matter.

After hearing the arguments, the judge felt that “since an important question of constitutional importance is to be decided, it is appropriate to refer the matter before a division bench”. The judge directed the registry to place the petition before the Chief Justice for posting it to before the division bench.

AP High Court sends notice on Nims dispute

By S A Ishaqui

Hyderabad, Dec 1 : The Andhra Pradesh High Court on Wednesday issued a notice to the state government on an arbitration application filed by the Nizam’s Charitable Trust seeking appointment of an arbitrator in a dispute between the trust and the state government.

The Trust brought to the notice of the court that there have been large-scale violations in the management of the Nizam’s Institute of Medical Sciences including leasing out of land to various bodies including the AP Centre for Emergency Medicare (APCEM). According to the Trust, the land on which the Nims is situated belongs to the Nizam Trust and the Trust leased out the land to the state government for 99 years on certain terms and conditions.

The Trust informed the court that it has sent a notice to the government and Nims after the Trust got to know about the irregularities in the management of the Nims and also not giving proper priority to the poor for medical care.

The Trust said that it has sent a notice in August 2009 to the government seeking appointment of the Arbitrator, but the government had failed to agree on appointment of an Arbitrator.

Emaar Hills withdraws plea against order

BY S A Ishaqui

Hyderabad,Dec.1: The Emaar Hills Township Pvt Ltd has withdrawn its appeal filed challenging an order of a single judge who refused to stay the probe of the Anti-Corruption Bureau into alleged irregularities in land allotments to the company by the Andhra Pradesh Industrial Infrastructure Corporation.

The special court of the ACB on September 7, 2010, passed an order on the complaint of an advocate of the city, Mr T. Sri Ranga Rao, to probe into the alleged irregularities in the land allotments by the APIIC to 16 organisations including the Emaar.

Aggrieved by the order, the Emaar filed a writ in the High Court seeking a direction to quash the proceedings. But, a single judge rejected the plea on October 20, 2010. Emaar preferred an appeal against the order.

However, the company decided to withdraw the appeal and sought permission from a division bench headed by the acting Chief Justice, Mr B. Prakash Rao, urging the court grant liberty to file a discharge petition in accordance with the provisions of the Cr.PC and the court considered the plea of the company.

Court stalls Right to Free Education rules

By S A Ishaqui

Hyderabad,Nov 30: In a setback to the state government, the Andhra Pradesh High Court on Tuesday stayed a GO issued to implement the much publicised Andhra Pradesh Right to Children to Free and Compulsory Education Rules, 2010.

A division bench comprising the acting Chief Justice, Mr B. Prakash Rao, and Justice V. Suri Appa Rao issued the interim order staying the GO while dealing with a batch of writ petitions challenging the provisions of the Act.

The petitions were filed by the Chaitanya Memorial Educational Society of Kondapur and several others urging the court to declare sections 3, 4, 6, 11 to 15, 17, 23(i), 24(i)(d), 29, 30 of the Act as illegal. They also urged the court to set aside the GO.

The petitioners told the High Court that the government was forcing them to re-register and provide education to 25 per cent of students by accepting fee payable at government schools. According to them the district educational officers had issued notices to various private schools asking them to obtain fresh certificates of recognition from the competent authorities.

The petitioners said this was an infringement of their rights. The bench granted interim orders by suspending the GO and directed the respondents to file counter affidavits.

Emaar challenges single judge ruling over ACB probe

By S A Ishaqui
Hyderabad,Nov. 27: The Emaar Hills Township Private Limited has approached the Andhra Pradesh High Court challenging an order of a single judge who refused to stay the probe by the Anti-Corruption Bureau into alleged irregularities by the AP Industrial Infrastructure Corporation in allotting land to the company.

The special court of the ACB on September 7, 2010, had passed an order on the complaint of one Mr T. Sri Ranga Rao, an advocate of the city to probe into the alleged irregularities in the land allotments by the APIIC to 16 organisations including Emaar.

Aggrieved by the order, Emaar approached the High Court seeking a direction to quash the proceedings. But a single judge rejected the plea on October 20, 2010. Emaar preferred an appeal against the order contending that the single judge ought to have noticed that the order of the lower court was illegal and unsustainable and was not in accordance with the provisions of the CrPC.

AP High Court admits plea against bandhs

By S A Ishaqui
Hyderabad,Nov. 24: A division bench comprising acting Chief Justice B. Prakash Rao and Justice V. Suri Appa Rao of the AP High Court on Wednesday admitted a plea filed by students of a school in the city against frequent bandh calls by various organisations.

The court also served the Chief Secretary a notice in this regard. SSC students of the Cardinal Gracious High School in Ramanthapur of the city sent a letter to the Chief Justice stating that they have lost their valuable time to prepare for the SSC examinations due to the bandh calls by various political parties and students organisations recently.

Students brought to the notice of the court that they could not complete the syllabus due to recent bandhs — they said there were 22 of them.

The students said that on November 11, the PDSU gave a bandh call and their head master declared a holiday for the entire schools except for SSC students. Special classes were conducted for them after closing the main gate of the school.

However, a group of persons barged into the room and forced them to leave the premises, the students said.

The students said this happens every time a bandh call is given. The students urged the court to direct the state government to give them protection during bandhs and also direct the political parties and student organisations to exempt schools from bandhs.

The court took up the letter as a petition and issued notices to the home secretary, school education department apart from the CS and sought their response to the petition.

Plea on Umesh appointment to ACB dismissed

By S A Ishaqui
Hyderabad,Nov. 9:A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court on Tuesday dismissed a writ petition seeking a direction to declare the action of the government in appointing Mr Umesh Kumar as director-general of the Anti-Corruption Bureau as illegal.

Thadi Bhima Rao, a resident of Kakinada, filed the petition contending that Mr Umesh cannot be appointed as the chief of ACB as a case under the Prevention of Corruption Act was registered against him in 1983 when he was SP of Prakasam district.

The petitioner referred to various media reports on alleged irregularities in purchasing material for the police through the provisions and logistic department during the tenure of Mr Umesh Kumar as its head.

He said Mr Umesh Kumar was transferred from the provisions and logistic wing after the High Court passed an order against him. The petitioner urged the court to remove from the post of DG of the ACB The bench asked the petitioner to explain to the court as to where Mr Umesh has become ineligible to hold the office of ACB DG. It is on moral grounds, the counsel for petitioner replied.

The CJ pointed out, “You have no evidence to show that and are depending only on allegations levelled against the officer. Can you at least show the rules under which Umesh is ineligible to occupy the present post?”

When the petitioner was only citing the media coverage as proof for not taking action against the officer, the bench told him that he still has other remedies to exhaust his grievance and dismissed the petition.

Emaar seeks review of order

By S A Ishaqui

Hyderabad, Nov 9:Emaar Hills Township Pvt Ltd approached the High Court seeking revision of an order passed by a single judge dismissing its plea to stall the probe by the Anti-Corruption Bureau into land allotments to it by the Andhra Pradesh Industrial Infrastructure Corporation.

Justice N.V. Ramana on October 21 dismissed the writ petition filed by the company challenging the order of a lower court which directed the ACB to probe into the land allotments made by the APIIC to 16 companies and individuals along with the petitioner.

Centre gets week to explain wages

By S A Ishaqui
Hyderaba,Nov 9 : Justice Nooty Ramamohana Rao of the AP High Court on Monday granted a week’s time to the Centre to explain how it could declare that the wages payable to workers under the National Rural Guarantee Scheme can be lower than the wages fixed under the Minimum Wages Act.

The judge was dealing with a writ petition and contempt case filed by AP Vyavasaya Vruthidarula (Agriculture Workers) Union. The petitioners challenged the notification issued by the Centre in fixing `80 as the minimum rate payable to workers in the beginning under NREGA.

They contended that the notifications issued by the state government under Minimum Wages Act stipulated the minimum wage payable to agricultural labourers in Vishakhapatnam area as `119.

Andhra Pradesh government gets notice on belt shops

By S A Ishaqui

Hyderabad,Nov. 8: A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the High Court on Monday issued notices to the state government and the prohibition and excise department based on a petition filed seeking a direction to close belt shops in the state.

The bench was dealing with a petition filed by Chaitanya Sravanthi, a nongovernment organisation represented by Dr Shrin Rahman. The petitioner brought to the notice of the court that the excise authorities were encouraging belt shops to achieve revenue targets.

The petitioner’s counsel Mr V. Raghu told the court that the illegal flow of liquor in the villages is playing havoc with the lives of people. He said that the petitioner’s organisation conducted a survey with the association of the Andhra University in Visakhapatnam area on the impact of liquor consumption by rural poor. According to the survey people in rural areas were spending their earnings through National Rural Employment Guarantee scheme to drink liquor.

He said that 99 per cent people admit that their families were ruined due to consumption of liquor by their heads and 96 per cent people admitted that it had an adverse impact on the education of their children.

The 59 per cent of those surveyed said the health of their alcoholic husband had already deteriorated. The petitioner said that the government which is collecting huge licence fee from liquor traders is responsible for this sorry state of affairs. The government was directed to file its counter affidavits in two weeks.

HC refuses to stay state ordinance against MFIs

By S A Ishaqui

Hyderabad. Oct 23 : The Andhra Pradesh High Court on Friday refused to stay the ordinance issued by the state government to rein in micro finance institutions.
However, the High Court also gave a breather to the MFIs by allowing them to carry on with their business provided they adhered to Sections 9 and 16 of the AP Micro Finance Institutions (Regulation of Moneylending) Ordinance 2010.

These sections prohibit MFIs from collecting money beyond the principal amount and using strong arm tactics against borrowers.The HC was dealing with petitions filed by the Micro Finance Institutions Network (MFIN), SKS Micro

Finance Ltd and Spandana Sphoorty Financial Institutions, who sought a stay on the ordinance complaining that it had brought their transactions to a halt.
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar directed the petitioners to apply for registration under the ordinance within a week.

The High Court ordered micro finance institutions to register under the ordinance issued by the government to rein them. Pending registration, the MFIs shall carry on their business and file their returns before the competent authority within 48 hours, the court added.

The authority should pass orders on these applications within the time frame prescribed under the rules, said the bench.

The bench made it clear that if there was any violation, the state could launch prosecution, but no arrest should be made till further

orders of the court. The bench added that the orders would remain in operation till next date of hearing.The advocate-general, Mr D.V.
Seetharama Murthy, told the court that the government has decided to grant registration to MFIs within 24 hours.

ACB probe against Emaar stays

By S A Ishaqui

Hyderabad, Oct. 20: In a major blow to the Emaar Hills Township, the AP High Court on Wednesday dismissed its plea to stall the probe by the Anti-Corruption Bureau on allotment of land to it by the Andhra Pradesh Industrial Infrastructure Corporation.

Justice N.V. Ramana dismissed the writ petition filed by the company challenging the order of a lower court which directed the ACB to probe land allotments made by the APIIC to 16 companies and individuals including Emaar.

The lower court had passed the order on a complaint filed by Mr Sri Ranga Rao, a practicing advocate of the city, alleging that APIIC officials committed large-scale irregularities in connivance with private parties in land allotments.

Emaar approached the High Court contending that complaint of Mr Ranga Rao was part of a conspiracy by business, political and bureaucratic circles and had been filed at the instance of some senior officials of the APIIC.

However, Justice Ramana pointed out in his 15-page verdict that the complainant was an advocate.

AP High Court praises MFI ordinance

By S A Ishaqui
Hyderabad, Oct. 20: A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the Andhra Pradesh High Court on Wednesday observed that the objective of the Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Ordinance 2010, was praiseworthy.

The bench also observed that the legal and legislative spread that ought to govern the functioning of micro finance institutions (MFIs) is still lying unoccupied.

The bench was hearing petitions filed by the Microfinance Institutions Network (MFIN), SKS Microfinance Ltd and Spandana Sphoorty Financial Institutions challenging the ordinance.

Mr Niroop Reddy, Supreme Court counsel, arguing on behalf of SKS said the restrictions imposed on MFIs are unreasonable. He said outstanding amount of `1,400 crore has to be collected from borrowers and because of the ordinance collections are nil.

Mr S.R. Ashok, senior counsel appearing on behalf of the MFIN, told the court that he was not asking for the suspension of the ordinance, he asked the court to direct the authorities to permit the MFIs to carry out their transactions and grant stay of arrest of the representatives of the MFIs under the alleged violation of the ordinance.

Mr Vedula Venkat Ramana, senior counsel arguing on behalf of the Spandana Sphoorty Financial Institutions, said that the preamble of the ordinance itself was
vague and emotional in nature.

Emaar asks HC to restrain APIIC

By S A Ishaqui

Hyderabad, Oct. 1: Emaar Hills Township Pvt Ltd has approached the AP High Court seeking a direction from it to restrain the AP Industrial Infrastructure Corporation (APIIC) from interfering in any manner with the progress of the project.

The APIIC had served a legal notice on the company to withdraw the development agreement.

Aggrieved by the action of the APIIC, the Emaar Hills approached court and challenged the notice issued by the APIIC. The company contended that APIIC has no power to either serve the notice or to terminate the development agreement.

The petitioner also urged the court to call for the records related to the issue.

Case against Allu Aravind stayed

The AP High Court on Friday stayed all further criminal proceedings against Mr Allu Aravind, general secretary of Praja Rajyam in a lower court. Justice R. Kantha Rao while dealing with a petition filed by Mr Aravind seeking a direction to quash criminal proceedings granted interim orders.

According to the petitioner, the Jubilee Hills police registered a case against him for allegedly insulting the national flag by hoisting it upside down at the Chiranjeevi Blood Bank on August 15.

HC issues notice to commissioner, IG on Emaar deal

By S A Ishaqui
Hyderabad,Sept. 29: The AP High Court on Wednesday issued notices to the commissioner and inspector-general of registration and stamps on a petition filed by Mr G.G.V. Vijay Raghav of Emaar Hills Township Pvt. Ltd (ETHPL), challenging the orders of the commissioner not to register certain properties of ETHPL.

The commissioner had issued a memo on August 18, 2010, directing that the sale deeds and other documents in respect of the properties situated in Manikonda and Gachibowli villages in Ranga Reddy district should not be registered. It had been requested by the AP Industrial Infrastructure Corporation (APIIC) to do so. APIIC is of the view that the agreement between EHTPL and Emaar MGF was against the financial interests of the state and of APIIC, since it could transfer huge share of profits by way of revenue share to Emaar MGF.

Mr Raghav contended that the registration and stamps department has no power to stall the registration and the memo was bad in law and should be quashed.

Ayodhya Veridict

1
BRIEF SUMMARY
Subject matter of the decided cases
OOS No. 1 of 1989 Shri Gopal Singh Visharad Vs. Zahur
Ahmad and 8 others, OOS No. 3 of 1989 Nirmohi Aakhada etc. Vs.
Baboo Priya Dutt Ram and others, OOS No. 4 of 1989 Sunni
central Board of Waqfs U.P. Lucknow and others Vs. Gopal Singh
Visharad and others and O.O.S.No. 5 of 1989 Bhagwan Sri Ram
Virajman at Ayodhya and others Vs. Rajendra Singh and others
were filed before the Court of Civil Judge, Faizabad. Thereafter on
the request of State of U.P. the cases were transferred to this Court
and Hon'ble the Chief Justice constituted special Bench.
Government of India decided to acquire all area of the
disputed property and the suits were abated. Thereafter the apex
court directed this Court to decide the case as per judgement in
Dr.M. Ismail Faruqui and others Vs. Union of India and others
reported in (1994) 6 SCC 360.
OOS No. 4 of 1989 (Reg. Suit No.12-61)
The Sunni Central Board of Waqfs U.P., Lucknow & others
Versus
Gopal Singh Visharad and others
The instant suit has been filed for declaration in the year 1961
and thereafter in the year 1995 through amendment relief for
possession was added.
Plaint case in brief is that about 443 years ago Babur built a
mosque at Ayodhya and also granted cash grant from royal treasury
for maintenance of Babri Mosque. It was damaged in the year 1934
during communal riots and thereafter on 23.12.1949 large crowd of
Hindus desecrated the mosque by placing idols inside the mosque.
The disputed property was attached under Section 145 Cr.P.C.and
thereafter the suit was filed for declaration and for delivery of
possession beyond the period of limitation.
2
On behalf of the defendants separate written statements were
filed alleging that structure is not a mosque and it was constructed
after demolishing the temple against the tenets of Islam. The A.S.I.
report was obtained which proved the earlier construction of
religious nature.
On the basis of the report of the Archeological Survey of
India massive structure of religious nature is required to be
maintained as national monument under the Ancient Monument
Archeological Site and Remains Act, 1958. The Apex Court in
Rajiv Mankotia Vs. Secretary to the President of India and
others, AIR 1997 Supreme Court page 2766 at para 21 directed
the Government of India to maintain such national monuments.
Thus, it is mandatory on the part of the Central Government to
comply with the provisions of Act No. 24 of 1958 and ensure to
maintain the dignity and cultural heritage of this country .
On behalf of some of the defendants, it was alleged that not
only in the outer courtyard but also in the inner courtyard people
used to worship the birth place of deity and it is being worshipped
from times immemorial. The Court dismissed the suit. Issue wise
finding is as under;
O.O.S. No.
4 of 1989
Issues No. 1 and 1(a)
1. Whether the building in question described as mosque in the
sketch map attached to the plaint (hereinafter referred to as
the building) was a mosque as claimed by the plaintiffs? If
the answer is in the affirmative?
1(a) When was it built and by whom-whether by Babar as alleged
by the plaintiffs or by Meer Baqi as alleged by defendant
No. 13?
Decided in favour of defendants and against the plaintiffs.
3
Issues No. 1(b)
1(b) Whether the building had been constructed on the site of an
alleged Hindu temple after demolishing the same as alleged
by defendant No. 13? If so, its effect?
Decided in favour of defendants and against the plaintiffs
on the basis of A.S.I. Report.
1(A). Whether the land adjoining the building on the east, north and
south sides, denoted by letters EFGH on the sketch map, was
an ancient graveyard and mosque as alleged in para 2 of the
plaint? If so, its effect?
Deleted vide courts order dated 23.2.96.
Issues No. 1(B)a
1-B(a). Whether the building existed at Nazul plot no. 583 of the
Khasra of the year 1931 of Mohalla Kot Ram Chandra known
as Ram Kot, city Ahodhya (Nazul estate of Ayodhya ? If so
its effect thereon)”
Property existed on Nazul Plot No. 583 belonging to
Government.
Issues No. 1(B)(b)
1B(b).Whether the building stood dedicated to almighty God as
alleged by the plaintiffs?
Decided against the plaintiffs.
Issues No. 1(B)(c)
1-B (c ).Whether the building had been used by the members of the
Muslim community for offering prayers from times
immemorial ? If so, its effect?
Decided against the plaintiffs.
Issues No. 1(B)(d)
1-B(d).Whether the alleged graveyard has been used by the
members of Muslim community for burying the dead
bodies of the members of the Muslim community? If so,
its effect?
4
Issue 1 B (d) deleted vide court order dated 23.2.96.
Issues No. 2, 4, 10, 15 & 28
2. Whether the plaintiffs were in possession of the property in
suit upto 1949 and were dispossessed from the same in 1949
as alleged in the plaint?
4. Whether the Hindus in general and the devotees of Bhagwan
Sri Ram in particular have perfected right of prayers at the
site by adverse and continuous possession as of right for more
than the statutory period of time by way of prescription as
alleged by the defendants?
10. Whether the plaintiffs have perfected their rights by adverse
possession as alleged in the plaint?
15. Have the Muslims been in possession of the property in suit
from 1528 A.D. Continuously, openly and to the knowledge
of the defendants and Hindus in general? If so, its effect?
28. “Whether the defendant No. 3 has ever been in possession of
the disputed site and the plaintiffs were never in its
possession?”
These issues are decided against the plaintiffs.
Issues No. 3
3. Is the suit within time?
Decided against the plaintiffs and in favour of defendants.
Issues No. 5(a)
5(a) Are the defendants estopped from challenging the character
of property in suit as a waqf under the administration of
plaintiff No. 1 in view of the provision of 5(3) of U.P. Act
13 of 1936?
(This issue has already been decided in the negative vide
order dated 21.4.1966 by the learned Civil Judge).
Issues No. 5(b)
5(b). Has the said Act no application to the right of Hindus in
general and defendants in particular, to the right of their
worship?
Decided against the plaintiffs and in favour of defendants.
5
Issues No. 5(c)
5(c). Were the proceedings under the said Act conclusive?
(This issue has already been decided in the negative vide
order dated 21.4.1966 by the learned Civil Judge.)
Issues No. 5(d)
5(d). Are the said provision of Act XIII of 1936 ultra-vires as
alleged in written statement?
(This issue was not pressed by counsel for the defendants,
hence not answered by the learned Civil Judge, vide his
order dated 21.4.1966).
Issues No. 5(e) and 5(f)
5(e). Whether in view of the findings recorded by the learned Civil
Judge on 21.4.1966 on issue no. 17 to the effect that, “No
valid notification under section 5(1) of the Muslim Waqf Act
(No. XIII of 1936) was ever made in respect of the property
in dispute”, the plaintiff Sunni Central Board of Waqf has no
right to maintain the present suit?
5(f). Whether in view of the aforesaid finding, the suit is barred on
accunt of lack of jurisdiction and limitation as it was filed
after the commencement of the U.P. Muslim Waqf Act,
1960?
Both these issues are decided against the Plaintiffs.
Issue No. 6
6. Whether the present suit is a representative suit, plaintiffs
representing the interest of the Muslims and defendants
representing the interest of the Hindus?
Decided in favour of plaintiffs and against the defendants.
Issue No. 7(a)
7(a). Whether Mahant Raghubar Dass, plaintiff of Suit No. 61/280
of 1885 had sued on behalf of Janma-Sthan and whole body
of persons interested in Janma-Sthan?
Decided against the plaintiffs and in favour of the
defendants.
6
Issue No. 7(b)
7(b). Whether Mohammad Asghar was the Mutwalli of alleged
Babri Masjid and did he contest the suit for and on behalf of
any such mosque?
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 7(c)
7(c). Whether in view of the judgment in the said suit, the
members of the Hindu community, including the contesting
defendants, are estopped from denying the title of the
Muslim community, including the plaintiffs of the present
suit, to the property in dispute? If so, its effect?
Decided against the plaintiffs.
Issue No. 7(d)
7(d). Whether in the aforesaid suit, title of the Muslims to the
property in dispute or any portion thereof was admitted by
plaintiff of that suit? If so, its effect?
Decided against the plaintiffs.
Issue No. 8
8. Does the judgment of Case No. 6/281 of 1881, Mahant
Raghubar Dass Vs. Secretary of State and others, operate as
res judicate against the defendants in suit?
Decided against the plaintiffs and this judgment will not
operate as resjudicata against the defendants in suit.
Issue No.9
9. Whether the plaintiffs served valid notices under Sec. 80
C.P.C. (Deleted vide order dated May 22/25, 1990).
7
Issues No.11, 13, 14, 19(a) & 19(c)
11. Is the property in suit the site of Janam Bhumi of Sri Ram
Chandraji?
13. Whether the Hindus in general and defendants in particular
had the right to worship the Charans and 'Sita Rasoi' and
other idols and other objects of worship, if any, existing in
or upon the property in suit?
14. Have the Hindus been worshipping the place in dispute as Sri
Ram Janam Bhumi or Janam Asthan and have been visiting it
as a sacred place of pilgrimage as of right since times
immemorial? If so, its effect?
19(a).Whether even after construction of the building in suit deities
of Bhagwan Sri Ram Virajman and the Asthan Sri Ram Janam
Bhumi continued to exist on the property in suit as alleged on
behalf of defendant No. 13 and the said places continued to
be visisted by devotees for purposes of worship? If so,
whether the property in dispute continued to vest in the said
deities?
19(c). Whether any portion of the property in suit was used as a
place of worship by the Hindus immediately prior to the
construction of the building in question? If the finding is in
the affirmative, whether no mosque could come into existence
in view of the Islamic tenets, at the place in dispute?
Decided against the plaintiffs.
Issue No.12
12. Whether idols and objects of worship were placed inside the
building in the night intervening 22nd and 23rd December,
1949 as alleged in paragraph 11 of the plaint or they have
been in existence there since before? In either case, effect?
Idols were installed in the building in the intervening
night of 22/23rd December, 1949.
8
Issue No.17
17. Whether a valid notification under Section 5(1) of the U.P.
Muslim Waqf Act No. XIII of 1936 relating to the property in
suit was ever done? If so, its effect?
(This issue has already been decided by the learned Civil
Judge by order dated 21.4.1966).
Issue No.18
18. What is the effect of the judgdment of their lordships of the
Supreme Court in Gulam Abbas and others Vs. State of U.P.
and others, A.I.R. 1981 Supreme Court 2198 on the finding of
the learned Civil Judge recorded on 21st April, 1966 on issue
no. 17?
Decided against the plaintiffs and in favour of defendants.
Issue No.19(b)
19(b). Whether the building was land-locked and cannot be reached
except by passing through places of Hindu worship? If so, its
effect?
Decided against the plaintiffs and in favour of the
defendants.
Issue No.19(d)
19(d). Whether the building in question could not be a mosque
under the Islamic Law in view of the admitted position that it
did not have minarets?
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 19(e)
19(e).Whether the building in question could not legally be a
mosque as on plaintiffs own showing it was surrounded by a
9
graveyard on three sides.
Decided against the plaintiffs.
Issues No.19(F)
19(F).Whether the pillars inside and outside the building in question
contain images of Hindu Gods and Goddesses? If the finding
is in the affirmative, whether on that account the building in
question cannot have the character of Mosque under the
tenets of Islam?
Decided against the plaintiffs and in favour of the
defendants.
Issue No.20(a)
20(a). Whether the Waqf in question cannot be a Sunni Waqf as the
building was not allegedly constructed by a Sunni
Mohammedan but was allegedly constructed by Meer Baqi
who was allegedly a Shia Muslim and the alleged Mutwalis
were allegedly Shia Mohammedans? If so, its effect?
Decided against the plaintiffs.
Issue No.20(b)
20(b). Whether there was a Mutwalli of the alleged Waqf and
whether the alleged Mutwalli not having joined in the suit, the
suit is not maintainable so far as it relates to relief for
possession?
Suit is not maintainable and the issue is decided in favour
of the defendants.
Issue No.21
21. Whether the suit is bad for non-joinder of alleged deities?
Decided against the plaintiffs and in favour of the
defendants.
10
Issues No. 23 & 24
23. If the wakf Board is an instrumentality of state? If so,
whether the said Board can file a suit against the state itself?
24. If the wakf Board is state under Article 12 of the
constitution? If so, the said Board being the state can file any
suit in representative capacity sponsering the case of
particular community and against the interest of another
community)”.
Issues are decided against the plaintiffs and the suit is not
maintainable.
Issues No. 25 & 26
25. “Whether demolition of the disputed structure as claimed by
the plaintiff, it can still be called a mosque and if not whether
the claim of the plaintiffs is liable to be dismissed as no
longer maintainable?”
26. “Whether Muslims can use the open site as mosque to offer
prayer when structure which stood thereon has been
demolished?”
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 27
27. “Whether the outer court yard contained Ram Chabutra,
Bhandar and Sita Rasoi? If so whether they were also
demolished on 6.12.1992 along with the main temple?”
Yes, issue is decided in positive.
Issue No.16 & 22
16. To what relief, if any, are the plaintiffs or any of them,
entitled?
22. Whether the suit is liable to be dismissed with special costs?
Plaintiffs are not entitled for any relief.
The suit is dismissed with easy costs.
11
O.O.S No. 1 of 1989 (R.S.No.2-50)
Sri Gopal Singh Visharad Vs. Zahoor Ahmad and others
The instant suit has been filed on the assertion that the father
of the plaintiff on 14.1.1950 was not allowed to touch the deity.
Accordingly the injunction has been sought on behalf of the
defendants including the State Government to not disallow the
plaintiff to touch the deity.
State Government opposed the claim and stated that in order
to control the crowd reasonable restrictions were imposed.
The suit was dismissed for the reasons (i) no valid notice was
given, ( ii) the plaintiff has no legal character and (iii) the State
Government can impose reasonable restrictions in public interest
to control the crowd and to enable every body to have the Darshan
of the deity.
Finding of the court issue wise is as follows;
O.O.S. No.
1 of 1989
Issues No. 1, 2 and 6
1. Is the property in suit the site of Janam Bhumi of Shri Ram
Chandra Ji?
2. Are there any idols of Bhagwan Ram Chandra Ji and are His
Charan Paduka’ situated in the site in suit.?
6. Is the property in suit a mosque constructed by Shansha
Babar commonly known as Babri mosque, in 1528A.D.?
Connected with issues No. 1(a), 1(b), 1-B (b), 19-d, 19-e
and 19-f of the Original Suit No. 4 of 1989, wherein these
issues have been decided in favour of defendants and
against the Sunni Central Waqf Board, U.P.
Issues No. 3, 4 & 7
3. Has the plaintiff any right to worship the ‘Charan Paduka’ and
the idols situated in the place in suit.?
12
4. Has the plaintiff the right to have Darshan of the place in
suit.?
7. Have the Muslims been in possession of the property in suit
from 1528A.D.?
Connected with Issues No. 1-B(c), 2, 4, 10, 11, 12, 13, 14,
15,19-a, 19-b, 19-c, 27 and 28 of Original Suit No. 4 of 1989,
wherein these issues have been decided in favour of
defendants and against the plaintiffs.
Issues No. 9, 9(a), 9(b) & 9(c)
9. Is the suit barred by provision of section (5) (3) of the Muslim
Waqfs Act (U.P. Act 13 of 1936);?
(a) Has the said act no application to the right of Hindus in
general and plaintiff of the present suit, in particular to his
right of worship.?
(b) Were the proceedings under the said act referred to in written
statement para 15 collusive? If so, its effect?
(c) Are the said provisions of the U.P. Act 13 of 1936 ulta-vires
for reasons given in the statement of plaintiff’s counsel dated
9.3.62 recorded on paper No.454-A-?
Connected with Issues No. 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 7-b,
17(issue no.17 of O.O.S. No.4 of 1989 has already been
decided by the Civil Judge, Faizabad) 18, 20-a, 20-b, 23,
24, 25 and 26 of Original Suit No. 4 of 1989, wherein these
issues have been decided in favour of defendants and
against the plaintiffs.
Issues No. 5(a) & 5(b)
5(a) Was the property in suit involved in original suit no.61/280 of
1885 in the court of sub-judge, Faizabad Raghubar Das
Mahant Vs. Secretary of State for India & others.?
5(b) Was it decided against the plaintiff.?
Connected with issue No. 1-B (a) of Original Suit No. 4 of
1989.
Property existed on Nazul plot No. 583 belonging to
Government.
13
Issues No. 5(c) & 5(d)
5(c) Was that suit within the knowledge of Hindus in general and
were all Hindus interest in the same.?
5(d) Does the decision in same bar the present suit by principles of
Resjudicata and in any other way?
Connected with issue No. 7-a, 7-c, 7-d and issue no. 8 in
Original Suit No. 4 of 1989, wherein these issues have been
decided in favour of defendants and against the plaintiffs.
Issue No. 13
13. Is the suit No.2 of 50 Shri Gopal Singh Visharad Vs. Zahoor
Ahmad bad for want of notice under section 80 C.P.C. ?
Decided in favour of defendants and against the plaintiffs.
Issue No. 8
8. Is the suit barred by proviso to section 42 Specific Relief
Act.?
Decided against the plaintiffs and in favour of defendants.
Issues No. 11(a) & 11(b)
11(a) Are the provisions of section 91 C.P.C. applicable to present
suit ? If so is the suit bad for want of consent in writing by the
advocate general ?
11(b) Are the rights set up by the plaintiff in this suit independent of
the provisions of section 91 C.P.C. ? if not its effect. ?
Decided in favour of plaintiffs and against the defendants.
Issue No. 12
12. Is the suit bad for want of steps and notices under order 1
Rule 8 C.P.C. ? If so its effect. ?
Decided in favour of plaintiffs and against the defendants.
Issue No. 14
14. Is the suit no.25 of 50 Param Hans Ram Chandra Vs. Zahoor
Ahmad bad for want of valid notice under section 80 C.P.C. ?
Withdrawn, no finding is required.
14
Issue No. 15
15. Is the suit bad for non-joinder of defendants.?
NO
Issue No. 10
10. Is the present suit barred by time ?
NO
Issue No. 16 & 17
16. Are the defendants or any of them entitled to special costs
under section 35-A C.P.C.?
17. To what reliefs, if any, is the plaintiff entitled. ?
Plaintiff is not entitled for the relief claimed and the suit is
dismissed with easy costs.
15
OOS No. 3 of 1989
Nirmohi Akhara & Anr. Vs. Shri Jamuna Prasad Singh & Ors.
The suit was filed by Nirmohi Akhara, alleging that right
from times immemorial, they are worshipping the deities.
Accordingly the management of the temple may be handed over to
the plaintiff by defendant- State Government.
The defendants have contested the claim and this Court
found the suit barred by time and also on merits that the plaintiff
failed to prove the case.
Finding of the court issue wise is as follows;
O.O.S. No.
3 of 1989
Issues No. 1, 5 and 6
1. Is there a temple of Janam Bhumi with idols installed therein
as alleged in para 3 of the plaint ?
5. Is the property in suit a mosque made by Emperor Babar
Known as Babari masjid ?
6. Was the alleged mosque dedicated by Emperor Babar for
worship by Muslims in general and made a public waqf
property?
Connected with Issues No. 1, 1(a), 1(b), 1B(b), 12, 19(d),
19(e) and 19(f) of O.O.S. No. 4 of 1989, wherein these issues
have been decided in favour of defendants and against the
plaintiffs.
Issues No. 2, 3, 4 & 8
2. Does the property in suit belong to the plaintiff No.1 ?
3. Have plaintiffs acquired title by adverse possession for over 12
years ?
4. Are plaintiffs entitled to get management and charge of the
said temple ?
16
8. Have the rights of the plaintiffs extinguished for want of
possession for over 12 years prior to the suit ?
Connected with Issues No. 1B(c), 2, 4, 10, 11, 12, 13, 14, 15,
19(a), 19(b), 19(c), 27 & 28 of O.O.S. No. 4 of 1989.
Decided against the Plaintiffs.
Issues No. 7(a), 7(b) & 16
7(a) Has there been a notification under Muslim Waqf Act (Act
no.13 of 1936) declaring this property in suit as a Sunni Waqf ?
7(b) Is the said notification final and binding ? Its effect.
16. Is the suit bad for want of notice u/s 83 of U.P. Act 13 of
1936 ?
Connected with issues no. 5(a), 5(b), 5(c), 5(d), 5(e), 5(f),
7(b), 17, 18, 20(a), 20(b), 23, 24, 25 and 26 in O.O.S No. 4 of
1989, wherein these issues have been decided against the
plaintiffs.
Issue No. 9
9. Is the suit within time ?
Connected with issues no. 3 decided in O.O.S. No. 4 of 1989.
Decided in favour of defendants and against the plaintiffs.
Issues No. 10(a) & 10(b)
10(a) Is the suit bad for want of notice u/s 80 C. P.C.
10(b) Is the above plea available to contesting defendants ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 11
11. Is the suit bad for non-joinder of necessary defendants ?
Connected with Issue No. 21 of O.O.S. No. 4 of 1989.
Decided in favour of defendants and against the plaintiffs.
17
Issue No. 14
14. Is the suit not maintainable as framed ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 17
17. (Added by this Hon'ble Court order dated 23.2.96) “Whether
Nirmohi Akhara, Plaintiff, is Panchayati Math of Rama Nandi
sect of Bairagies and as such is a religious denomination
following its religious faith and per suit according to its own
custom.”
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 15
15. Is the suit properly valued and Court-Fee paid sufficient ?
(Already decided)
Issues No. 12 & 13
12. Are defendants entitled to special costs u/s 35 C.P.C. ?
No.
13. To what relief, if any, is the plaintiff entitled ?
Suit is Dismissed.
18
O.O.S. No. 5 of 1989 (R.S.NO. 236/1989
Bhagwan Sri Rama Virajman & Ors. Vs. Sri Rajendra Singh & Ors.
The instant suit was filed on behalf of the deities and Sri
Ram Janm Bhumi through the next friend, praying that the
defendants be restrained not to interfere in the construction of the
temple of plaintiff nos. 1 and 2 on the ground that the deities are
perpetual minors and against them Limitation Laws do not run.
This Court is of the view that place of birth that is Ram Janm
Bhumi is a juristic person. The deity also attained the divinity like
Agni, Vayu, Kedarnath. Asthan is personified as the spirit of
divine worshipped as the birth place of Ram Lala or Lord Ram as
a child . Spirit of divine ever remains present every where at all
times for any one to invoke at any shape or form in accordance
with his own aspirations and it can be shapeless and formless also.
Case has been decided on the basis of decision of Hon'ble the Apex
Court specially the law as laid down in 1999(5) SCC page 50,
Ram Janki Deity Vs. State of Bihar, Gokul Nath Ji Mahraj Vs.
Nathji Bhogilal AIR 1953 Allahabad 552, AIR 1967 Supreme
Court 1044 Bishwanath and another Vs. Shri Thakur
Radhabhallabhji and others & other decisions of Privy Council
and of different High Courts.
Finding of the court issue wise is as follows:
O.O.S. No.
5 of 1989
19
ISSUES NO. 1, 2 & 6
1. Whether the plaintiffs 1 and 2 are juridical persons?
2. Whether the suit in the name of deities described in the
plaint as plaintiffs 1 and 2 is not maintainable through
plaintiff no. 3 as next friend?
6. Is the plaintiff No. 3 not entitled to represent the plaintiffs 1
and 2 as their next friend and is the suit not competent on this
account ?
Decided in favour of the plaintiffs and against the
defendants.
ISSUES NO. 9, 10, 14 & 22
9. Was the disputed structure a mosque known as Babri
Masjid ?
10. Whether the disputed structure could be treated to be a
mosque on the allegations, contained in paragraph-24 of the
plaint ?
14. Whether the disputed structure claimed to be Babri Masjid
was erected after demolishing Janma-Sthan temple at its site?
22. Whether the premises in question or any part thereof is by
tradition, belief and faith the birth place of Lord Rama as
alleged in paragraphs 19 and 20 of the plaint ? If so, its
effect ?
Connected with issues No.1, 1(a), 1(b), 1B(b), 11, 19(d),
19(e) & 19(f) in O.O.S. No. 4 of 1989.
Decided against Sunni Waqf Board and in favour of the
plaintiffs.
ISSUES NO.15, 16 & 24
15. Whether the disputed structure claimed to be Babri Masjid
was always used by the Muslims only, regularly for offering
20
Namaz ever since its alleged construction in 1528 A.D. To
22nd December 1949 as alleged by the defendants 4 and 5 ?
16. Whether the title of plaintiffs 1 & 2, if any, was
extinguished as alleged in paragraph 25 of the written
statement of defendant no. 4 ? If yes, have plaintiffs 1 &
2 reacquired title by adverse possession as alleged in
paragraph 29 of the plaint ?
24. Whether worship has been done of the alleged plaintiff deity
on the premises in suit since time immemorial as alleged in
paragraph 25 of the plaint?
Connected with issues no. 1-B(c), 2, 4, 12, 13, 14, 15, 19(a),
19(b), 19(c), 27 & 28 of O.O.S. No.4 of 1989.
Above issues are decided against Sunni Central Waqf
Board and Others.
Issue No.17
17. Whether on any part of the land surrounding the structure
in dispute there are graves and is any part of that land a
Muslim Waqf for a graveyard ?
Deleted vide this Hon'ble Court order dated 23.2.96.
Issue No.23
23. Whether the judgment in suit No. 61/280 of 1885 filed by
Mahant Raghuber Das in the Court of Special Judge,
Faizabad is binding upon the plaintiffs by application of the
principles of estoppel and res judicata, as alleged by the
defendants 4 and 5 ?
Decided against the defendants and in favour of the
plaintiffs.
Issue No.5
(5) Is the property in question properly identified and described
21
in the plaint ?
Decided in favour of the plaintiffs and in favour of the
defendants.
Issues No. 7 & 8
(7) Whether the defendant no. 3, alone is entitled to represent
plaintiffs 1 and 2, and is the suit not competent on that
account as alleged in paragraph 49 of the additional
written statement of defendant no. 3 ?
(8) Is the defendant Nirmohi Akhara the “Shebait” of Bhagwan
Sri Rama installed in the disputed structure ?
Decided against the defendant no.3 and in favour of
plaintiffs no. 1, 2 and 3.
Issues No.19
19. Whether the suit is bad for non-joinder of necessary parties,
as pleaded in paragraph 43 of the additional written
statement of defendant no. 3 ?
Suit is maintainable.
Issue No.20
20. Whether the alleged Trust, creating the Nyas defendant no.
21, is void on the facts and grounds, stated in paragraph 47
of the written statement of defendant no. 3 ?
Decided in favour of the plaintiffs and against the
defendant no.3.
Issue No.21
21. Whether the idols in question cannot be treated as deities
as alleged in paragraphs 1, 11, 12, 21, 22, 27 and 41 of the
written statement of defendant no. 4 and in paragraph 1 of
the written statement of defendant no. 5 ?
22
Decided in favour of the plaintiffs and against the
defendants no. 4 and 5.
Issues No. 26 & 27
26. Whether the suit is bad for want of notice under Section 80
C.P.C. as alleged by the defendants 4 and 5?
27. Whether the plea of suit being bad for want of notice under
Section 80 C.P.C. can be raised by defendants 4 and 5 ?
Decided against defendant nos. 4 & 5.
Issue No.25
25. Whether the judgment and decree dated 30th March 1946
passed in suit no. 29 of 1945 is not binding upon the
plaintiffs as alleged by the plaintiffs ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.29
29. Whether the plaintiffs are precluded from bringing the
present suit on account of dismissal of suit no. 57 of 1978
(Bhagwan Sri Ram Lala Vs. state) of the Court of Munsif
Sadar, Faizabad?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.28
28. Whether the suit is bad for want of notice under Section 65
of the U.P. Muslim Waqfs Act, 1960 as alleged by defendants
4 and 5 ? If so, its effect?
Decided in favour of the plaintiffs and against defendants
no. 4 and 5.
23
Issue No.18
18. Whether the suit is barred by Section 34 of the the Specific
Relief Act as alleged in paragraph 42 of the additional
written statement of defendant no. 3 and also as alleged in
paragraph 47 of the written statement of defendant no. 4 and
paragraph 62 of the written statement of defendant no. 5 ?
Decided in favour of the plaintiffs and against the
defendants.
Issues No. 3(a), 3(b), 3(c), 3(d) & 4
3(a) Whether the idol in question was installed under the central
dome of the disputed building (since demolished) in the early
hours of December 23, 1949 as alleged by the plaintiff in
paragraph 27 of the plaint as clarified on 30.4.92 in their
statement under order 10 Rule 2 C.P.C. ?
3(b) Whether the same idol was reinstalled at the same place on a
chabutra under the canopy?
3(c) “Whether the idols were placed at the disputed site on or after
6.12.92 in violation of the courts order dated 14.8.1989,
7.11.1989 and 15.11. 91 ?
3(d) If the aforesaid issue is answered in the affirmative, whether
the idols so placed still acquire the status of a deity?”
(4) Whether the idols in question had been in existence under the
“Shikhar” prior to 6.12.92 from time immemorial as alleged
in paragraph-44 of the additional written statement of
defendant no. 3 ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.11
(11) Whether on the averments made in paragraph-25 of the
plaint, no valid waqf was created in respect of the structure in
24
dispute to constitute it as a mosque ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.12
(12) If the structure in question is held to be mosque, can the same
be shifted as pleaded in paragraphs 34 and 35 of the plaint?
Deleted vide court order dated 23.2.96.
Issue No.13
(13) Whether the suit is barred by limitation ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.30
30. To what relief, if any, are plaintiffs or any of them entitled?
Plaintiffs are entitled for the relief claimed and the suit is
decreed with easy costs.

Justice C V Nagarjuna Reddy quits, court to crush "T"- advocates stir

By S A Ishaqui

Hyderabad, Sept 16: As the Andhra Pradesh High Court descended to chaos with the advocates coming to blows in courtrooms, a pained Justice C.V. Nagarjuna Reddy on Thursday offered to step down from his post.

Justice Nagarjuna Reddy has been taking flak for mishandling the violent agitation by Telangana advocates in the absence of Chief Justice Nisar Ahmad Kakru.

Sources said the Judge submitted his resignation letter to the Chief Justice Kakru, who reached the city after cutting short his leave on the advice of the Chief Justice of India. The meeting unanimously resolved to deal the situation with an iron hand.
Expressing anguish at the way the situation had developed; Justice Nagarjuna Reddy told the CJ in his letter that he wanted to quit the post. The judge also faxed his resignation toPresident.

In his resignation letter Justice Nagarjuna Reddy said he was disturbed at the happenings in the court in the last three days and pointed out that innocent advocates suffered from attacks by un-social elements.

It is perhaps the first time in the histroy of the AP High Court that a judge has offered to resign on the ground of mishandling the situation. Differences said to have cropped up among judges on Wednesday’s meeting on the issue of handling the situation following the indefinite fast by Telangana advocates.

Meanwhile, the full court decided to identify the persons involved in the obstruction of the proceedings of the court on September 14, 15 and 16 and take appropriate criminal and civil action. Miscreants who damaged the High Court’s property would also be punished.

It also constituted committee with five judges to frame rules to regulate the conduct of advocates in courts and resolved not to allow any kind of processions, dharnas, rallies and slogans on the court premises and to handle any violation by taking stern action.

The court has decided not allow any person after 6 pm into the High Court. It was also resolved to allow only identified counsels having cases in the court, and parties related to the cases as authorised in writing by their counsels.

Andhra Pradesh High Court under T siege, judges attacked

By S A Ishaqui

Hyderabad, Sept 15: The atmosphere at the Andhra Pradesh High Court was highly charged on Wednesday as Telangana lawyers went on a rampage following a boycott call given by the Telangana Advocates’ Joint Action Committee.

A division Bench described the incident as a Constitutional breakdown as agitators damaged furniture and equipment in the court halls, including the Registrar-General’s chamber. They did not even spare the judges and hurled law books and placards at the Benches.

Justice Nooty Ramamohana Rao and two members of his personal staff sustained injuries when the agitators hurled the All India Law Reporter books at the Bench.
A bench comprising of Justices V. Eswaraiah and Noushad Ali directing the Chief Secretary, DGP and the city police commissioner to take immediate steps to maintain law and order. Sources said the judges passed a four-page order in their chamber and sent it to the registrar with an instruction to communicate it to the authorities

It may be mentioned that the “T” advocates began fast-unto-death on Monday demanding 42 per cent quota in the appointments of the law officers of the High Court.

The JAC has decided to boycott the all the courts in the Telangana region till the government considered their demands. Following the call, second day (today) a large number of police personnel were deployed in the High Court keeping in view Tuesday’s incident in which the agitators ransacked Justice C V Nagarjuna Reddy’s court hall and damaged the furniture.

The Registrar–General made requisition to the city police for the security arrangements and issued an order to allow the advocates after verifying their identity.

As soon as the court began, the agitators gathered into groups and went into the court halls by raising slogans and obstructed the court proceedings. Many judges stepped down the benches and when the agitators went into the court hall of Justice T Meena Kumari, she suggested them to conduct their stir in a peaceful manner.

She further said that if they agreed to conduct the boycott in a democratic manner, they would ask the police leave the premises. When the agitators agreed for her suggestion she asked the senior police officials including additional police commissioner Mr. D Tirumala Rao to take steps to retreat the police force.

Meanwhile “T” advocates from the lower courts of the city also reached to High Court and barged into the court by groups and went on rampage.

The attempts of leaders of the “T” JAC to control them were foiled as they were tense. The “T” advocates protested for the presence of the police force in the High Court and alleged that they were roughed up by them.

Most of the judges expressed resentment over the atmosphere in the premises and in private talks.

The agitators have been demanding 42 per cent quota in the appointments of law officers of the High Court and the resignation of the advocate general.

Meanwhile, the Charminar police registered a case of damaging of the furniture in Court Hall No 32, on Tuesday.

CJ suspends copycat judges, wants report

By S A Ishaqui

Hyderabad,Aug.25: The Andhra Pradesh High Court Chief Justice, Mr Nisar Ahmad Kakru, on Wednesday suspended five subordinate judges for allegedly indulging in copying during the LLM exams held at Kakatiya University in Warangal district on Tuesday.

Mr Ajitsimha Rao, senior civil judge, Mr Vijayender Reddy, second additional district judge of Ranga Reddy district, Mr M. Kistappa, senior civil judge of Anantapur, Mr Srinivasa Chary, senior civil judge of Baptla and Mr Hanumantha Rao, additional junior civil judge of Warangal were caught red-handed while copying in the first year exams.

The Chief Justice reviewed the situation after obtaining the preliminary report from the university authorities and issued orders suspending them from the service. He also asked the university to send a detailed report on the exam malpractice by the judges.

By S A Ishaqui

Hyderabad: A Special Investigation Team (SIT) has been constituted to step up the probe into the threat letter sent to Andhra Pradesh High Court Chief Justice Nisar Ahmed Kakru, a senior police officer said on Friday.

Already five suspects had been questioned and police expressed confidence that they would be able to crack the case in the next couple of days.

"So far five suspects, who were taken into custody, have been interrogated. We have got some leads and we will crack the case in the next 2-3 days," Hyderabad city commissioner of police, Mr A.K. Khan said here. SIT has been formed to speed up the probe, he said.

Police sources said a stamp paper vendor and a notary advocate from Ranga Reddy district were among those picked up for questioning as part of the investigation after Charminar Police registered a case on Wednesday.

The letter, sent last week to Kakru, had reportedly threatened to physically harm the judge over his remarks after the Joint Action Committee (JAC) of Telangana Lawyers had boycotted court proceedings on March 8 to protest the attack on its members allegedly by TDP activists.

Petition against Jannath quashed

By S A Ishaqui

Hyderabad, Aug. 18: A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar on Wednesday dismissed a writ petition challenging the appointment of Mr Jannath Hussain as the state chief information commissioner.

Mr M. Padmanabha Reddy, a retired IFS officer and secretary of the Forum for Good Governance, contended that his appointment was in breach of the RTI Act.

The bench felt the petitioner has no locus standi to file such case.

Nims ordered to report on treatment for elderly

A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanu on Wednesday directed the authorities of Nizam’s Institute of Medical Sciences (Nims) to inform the court about the facilities they were providing for the elderly within three weeks.
The bench was dealing with a writ petition based on a news report.

Election to HCA stayed until further orders

A division bench stated that the elections to the Hyderabad Cricket Association scheduled to be held on August 22, will be subject to further orders due to the writ petition filed by Loknayak Cricket club.

HC refuses to hear MoU cases signed out of state

Justice P.V. Sanjay Kumar refused to entertain a petition filed challenging the inability of the courts in the state to entertain cases arising out of a memorandum of understanding entered outside the state.

Sacking of Allwyn staff against Industries Act

Justice C.V. Ramulu of the AP High Court declared that the termination or relieving of the services of employees of Allwyn Watches Limited without following the provisions of the Industrial Disputes Act on the ground of closure was arbitrary and illegal.

Tainted Ramalinga Raju mastermind behind Satyam scam gets bail

By S A Ishaqui
Hyderabad, Aug. 18: After seven botched attempts, B. Ramalinga Raju, the prime accused in the Rs 8,000 crore Satyam scam, got conditional bail from the Andhra Pradesh High Court on Wednesday in the teeth of opposition from the Central Bureau of Investigation.
The former chairman of Satyam Computer Services Ltd was arrested on January 9, 2009, two days after he confessed to authoring the biggest corporate fraud in India by fudging accounts of the company to inflate profits.
Though Raju has been in judicial custody for 19 months and 15 days, he spent a major chunk of this lolling in hospitals getting treatment for various “ailments”, much to the frustration of the CBI which felt it was merely a ruse to delay the trial.
At present, he is in undergoing treatment for Hepatitis C infection in Nizam’s Institute of Medical Sciences (Nims) and the CBI had cast doubts on whether this too was another trick not to appear before court.
The CBI has decided to challenge the bail in the Supreme Court, pointing out that Raju, who was influential and powerful, could tamper with evidence. “He could also influence the witnesses in the case,” said the CBI DIG, Mr. V.V. Lakshminarayana.

Raju had filed bail petitions seven times so far before the trial court, the High Court and the Supreme Court but had drawn a blank.

This time, Justice Raja Elango, made it clear that he was not going into the merits of the case and was granting bail based on the ground of custodial detention.

The judge reminded that pre trial detention was not recognised by Indian system and the provision for bail has been made available in the law.

Despite strong opposition from the CBI, the judge granted bail to Raju observing that the Cr PC provided the right to accused to avail bail beyond a stipulated period of detention. The judge was not convinced with the contention of the CBI that the trail would be completed in six months.
The judge said that neither the prosecution nor the accused can be held responsible for the delay in the trial and other legal processes which are unavoidable.

The judge pointed out that”since it is a fact that Raju is undergoing treatment for a long period for his ailments, he will fight out the case at the risk of his life once freed from the hands of justice. The question of Raju fleecing the process of justice does not arise because his passport is with the authorities and his permanent residence is in Hyderabad.”

The judge considered the arguments of the Raju’s counsel that the trial in Satyam scam will take a longer time because the process of Letters Rogatory will take at least two years.

The judge directed the accused to furnish two sureties worth Rs 20 lakh each and the accused has to cooperate with the CBI and the trial court. Raju has to appear daily before the CBI and should attend all trial court's proceedings after his discharge from the hospital.

The judge ruled that Raju should not indulge in tampering of evidence, or influence the witnesses.

The police registered a criminal case against Raju and 9 others based on a complaint lodged by Ms Leela Mangat, a resident of Hyderabad.
However, Mr. T Niranjan Reddy, special counsel for the CBI said that they will challenge
the bail before the Supreme Court.

Justice Raja Elango, had ruled that Ramalinga Raju should appear before the trial court at all future hearings without fail. The Judge directed him to report to the investigating officer daily from the date of his discharge from the hospital. The Judge said the illness of the petitioner and his treatment in the hospital cannot be a ground for considering the grant of bail especially when it is evident that he was taken care of by a team of doctors in the best hospital in Hyderabad.

CBI seeks private doctor, not Nims, to check Raju

By S A Ishaqui
Hyderabad, Aug. 16: The CBI told the AP High Court that it did not trust the Nims’ report on the condition of Satyam Computer chief Ramalinga Raju, who has been in hospital since last September citing Hepatitis C.

The additional solicitor-general, Mr H.P. Rawal, told the court, “We do not trust the reports of Nims doctors. We need a special panel to check Raju’s health condition.” Mr Rawal was stating the CBI stand on Raju’s bail plea. “Raju’s aim is to stay in the hospital, be in touch with the outside world, so that he can use his money and muscle power to influence witnesses,” he said. “If he is released, there is every possibility of (his) swindling the money he sent outside the country,” he said.

Justice Raja Elango observed that the ailment was not a ground to grant Raju bail. He asked asked counsel if Raju had fallen sick before he was taken into custody, or after. The judge pointed out that he did not believe in custodial ailments of high-profile accused.

CBI seeks private doctor, not Nims, to check Raju

By S A Ishaqui
Hyderabad, Aug. 16: The CBI told the AP High Court that it did not trust the Nims’ report on the condition of Satyam Computer chief Ramalinga Raju, who has been in hospital since last September citing Hepatitis C.

The additional solicitor-general, Mr H.P. Rawal, told the court, “We do not trust the reports of Nims doctors. We need a special panel to check Raju’s health condition.” Mr Rawal was stating the CBI stand on Raju’s bail plea. “Raju’s aim is to stay in the hospital, be in touch with the outside world, so that he can use his money and muscle power to influence witnesses,” he said. “If he is released, there is every possibility of (his) swindling the money he sent outside the country,” he said.

Justice Raja Elango observed that the ailment was not a ground to grant Raju bail. He asked asked counsel if Raju had fallen sick before he was taken into custody, or after. The judge pointed out that he did not believe in custodial ailments of high-profile accused.

AP High Court to hear AP plea on stopping probe against OMC mining

By S A Ishaqui

Hyderabad, Aug. 16: A division bench of the Andhra Pradesh High Court comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar will hear a writ appeal filed by the state government and the Central Bureau of Investigation (CBI) challenging the order of a single judge which stalled the probe into the alleged illegal mining by Obulapuram Mining Company and others at Anantapur on September 21.

Mr P. Kesava Rao, the special standing counsel for the CBI, told the bench that an additional solicitor general will appear on behalf of the CBI to argue the case and urged the court to adjourn the case to September 21.

The single judge had granted a stay on the probe on June 14, 2010. The CBI contended that the single judge’s order was “erroneous in law and contrary to the facts of the case”.

The state government argued that the CBI had found prima facie evidence against OMC which has allegedly resorted to illegal mining.

AP told to continue services of AIDS staff

Justice Nooty Ramamohana Rao of the AP High Court on Monday directed the government continue the services of outreach workers engaged for controlling HIV/AIDS. The judge granted the orders while dealing with a petition filed by one Mr K. Srinivas of Mahbubnagar and others, challenging the discontinuance of their services. They said they were engaged for prevention of parent to child transmission of HIV/AIDS.

Notice to AP on land near Maitrivanam

The AP High Court on Monday issued notices to the state government and the Hyderabad Metropolitan Development Authority on a petition challenging the GO. Ms. No. 288, dated July 16, 2010. The state issued the GO by exempting 9.14 acres situated beside Maithrivanam at Ameerpet from the land acquisition by considering the application of Mr G.N. Naidu and 14 others. It was challenged by one Mr P. Krishna Reddy.

Raju is economic terrorist, says CBI

By S A Ishaqui
Hyderabad, Aug. 16: Justice Raja Elango of the Andhra Pradesh High Court on Monday reserved orders on the bail plea of Mr B. Ramalinga Raju, the prime accused in the multi-crore Satyam fraud case after hearing arguments from both sides.

The additional solicitor general, Mr H.P. Raval, said that the accused was involved in “economic terrorism” and claimed that his crime had caused a loss of `24,000 crore to the investors.

He contended that a long period of incarceration, delay in trial and Raju’s ailment could not be the grounds for granting him bail. Mr Raval argued that if Raju was granted bail, he could destroy evidence, especially with regard to the money diverted and sent abroad.

The additional solicitor general said the trial could be completed in six months. He further said that Mr Raju could not claim parity with other accused granted bail by the High Court and the Supreme Court.

Justice Raja Elango said that as a citizen he was unable to understand why there was no hue and cry from investors if the inflating profits of the company had caused them huge losses.

Narrating to the factual matrix of the scam, the additional solicitor-general said, Mr Raju not only duped the investors, he also cheated the banks by borrowing `1,221 crore from banks and various financial institutions.

The judge also sought to know from Mr Raval whether Raju and his associates had diverted the investors’ money only or whether other funds were also diverted.

Mr Raval replied in the affirmative and that’s why the CBI has decided to give a logical end to the case by unearthing the destination of the “Satyam” money.

“In this case there is a higher degree of seriousness of charges against the prime accused and he is the mastermind behind the entire scam. Prosecution is going to challenge the bail granted to other accused before the Supreme Court,” he said.

Submitting a list of visitors who called on Mr Raju undergoing treatment for Hepatitis C at the government-run Nizam’s Institute of Medical Sciences (Nims) here for nine months, the prosecution disputed the claim that he was seriously ill and hence was unable to appear before the trial court.

Mr M. Natrajan, senior counsel from Chennai, arguing on behalf of Mr Raju said the trial might take six years and not six months as claimed by the prosecution. He said sending letters of Rogatory to six countries (where the Satyam money was allegedly diverted) seeking judicial assistance alone would take two years.

He told the court that Hepatitis C was affecting Mr Raju’s breathing, liver and heart. “He may suffer internal bleeding and a heart attack,” he added.

High Court dismisses case on Jagan for code violation

By S A Ishaqui

Hyderabad, Aug. 13: The AP High Court on Friday quashed the criminal proceedings pending against Kadapa Lok Sabha member Mr. Y S Jagan Mohan Reddy at CK Dinne police in Kadapa district.

The police had registered a case against Jagan during the election campaign in general elections of 2009 for violating the code of conduct. The police charged him causing inconvenience to the public by conducting poll campaign beyond the stipulated time.

Half of state Cabinet booked

By S A Ishaqui

Hyderabad, Aug. 13: The first additional chief metropolitan magistrate, Mr Ismail, while taking cognisance of a private petition filed by Mr Sri Ranga Rao, of Telangana Advocates Joint Action Committee, directed the police to register cases against all the 16 ministers, conduct an investigation and submit a report.

Accordingly Saifabad police registered a case under Section 499, 500 (criminal defamation) and 153 (A) of IPC (promoting enmity between different groups on grounds of religion, race, place of birth, etc) against the ministers Mr. Gade Venkat Reddy, Mr. Dharmana Prasad Rao, Mr. Kanna Lakshimi Narayana, Mr. Vatti Vasantha Kumar, Mr. Pitani Satyananarayana, Mr. Balineni Srinivasa Reddy, Mr. P. Vishwaroop, Mr.M Venkat Ramana Rao, Mr, D Manikya Varaprasad, Mr. Balaraju, Mr. Ahamadullah, Mr Anam Ramanarayana Reddy Mr. P Subhash Chandra Bose, Mr.Ramachnadra Reddy, Mr. Partha Sarathi and Ms Galla Aruna Kumari.

This is first time that a criminal court has asked for cases against so many ministers, almost half the Cabinet, on the basis of a private complaint. Section 200 of the Criminal Procedure Code allows persons to file private complaints against any public servant and the magistrate concerned can take cognisance of the complaint and direct the police to probe.

Mr Ranga Rao said in his petition that the 16 ministers submitted a representation to the Justice Sri Krishna Panel stating that “in any case the Centre should be careful not to give evidence to demands like self rule and self respect as it will be certainly sowing seeds for disintegration of the country.”

The ministers said “it was surprising the Centre has set up a panel to look into this anti national demand”.

Meanwhile, the endowments minister, Mr G. Venkata Reddy, who led the delegation of ministers denied having called Telangana protagonists as anti-nationals.

AP High Court refuses to adjourn Raju bail plea

By S A Ishaqui

Hyderabad,Aug. 12:. Justice Raja Elango of the AP High Court on Thursday refused to adjourn the hearing of the bail petition of B. Ramalinga Raju, prime accused in the multi-crore Satyam scam, for a month. Mr. T. Niranjan Reddy, special public prosecutor of the CBI, urged the judge to adjourn the case as the solicitor-general, Mr Gopal Subramanium, was unable attend the hearing on Thursday. It may be mentioned that the CBI had engaged the solicitor-general to oppose the Raju’s bail plea.

Mr Natrajan, the senior counsel appeared for the petitioner objected the CBI’s plea and urged the court to hear the case. The judge said that he cannot adjourn the case for such a long period and told the CBI counsel to get back after the lunch session with instructions from the solicitor-general.

After the lunch session, the CBI counsel told the court to adjourn the case for two weeks as Mr Gopal Subramanium would come to Hyderabad in two weeks. However, the judge posted the case to August 16 after Raju’s counsel expressed his inability to be available on the dates suggested by the CBI.

Meanwhile, Mr Ch Srisailam, the former finance manager of Satyam Computer Services Ltd withdrew his petition seeking to discharge him from the case.

HC asked to vacate stay on CBI probe into OMC illegal mining

By S A Ishaqui

Hyderabad, Aug. 11: The state government has urged the AP High Court to vacate the stay ordered on Central Bureau of Investigation probe into the alleged irregularities in mining by a few companies including Obulapuram Mining Corporation.

The government filed a writ appeal against the orders of the single judge who stayed CBI probe on a petition by the OMC.

The government made the OMC, Centre and director of CBI as respondents. Maintaining that the single judge’s order was “erroneous in law and contrary to the facts of the case”, the state government said in the plea that CBI had found prima facie evidence against OMC which has allegedly resorted to illegal mining.

AP High Court refuses to stay VC sack order

The AP High Court on Wednesday refused to stay the state government’s order removing Ms Kusuma Kumari from the post of vice chancellor of the S.K. University.

By S A Ishaqui
Hyderabad, Aug 11 : Justice Nooty Ramamohana Rao, while disposing of the petition filed by Ms Kusuma Kumari challenging her removal, ruled that the action of the government in making in-charge arrangements under Section 19 (3) of the Universities Act cannot be faulted.

The judge directed the state to furnish a copy of the report dated July 31, 2010, to Ms Kusuma Kumari and also gave her 30 days to file her argument.

Meanwhile, the judge ordered that all the benefits and facilities attached to the office of the vice chancellor be restored to the petitioner.

The judge said the petitioner cannot discharge the functions of vice chancellor in any manner and she shall be treated to have been put off such duties.

AP High Court vacates stay on TD men arrest

By S A Ishaqui

Hyderabad, Aug. 11:. Justice Raja Elango of the AP High Court on Wednesday vacated a stay order on the arrest of TD leaders allegedly involved in an assault on the advocates of Telangana Rashtra Samiti at Indira Park.

Mr T. Krishna Reddy, former mayor of the city, and Mr T. Srinivas Yadav, former minister, and others approached the High Court seeking a direction to quash the criminal proceedings against them in Gandhinagar police station.

Earlier, the court stayed the arrest of the petitioners. However, Justice Elango vacated the stay by observing that the investigation may go on in the case and if the petitioners want bail, they have to file petitions in the regular course before the concerned lower court. The judge dismissed the quash petitions.

AP High Court asks Hyderabad Cricket Association to publish voters list

By S A Ishaqui

Hyderabad. Aug 11:Justice L. Narasimha Reddy of the High Court on Wednesday directed the Hyderabad Cricket Association to publish the list of voter institutions and the persons authorised to represent these institutions in the forthcoming elections to the executive committee of the HCA by Friday.

The judge was dealing with three civil revision petitions filed by Sagar Cricket Club and others seeking to stay the election process. The petitioners contended that the HCA violated the bylaws and also misappropriated the funds of the association.

Mr D. Prakash Reddy, senior counsel, appearing on behalf of petitioners, told the court that the HCA did not even publish the voters list and asked the court to stay the elections for two weeks.

The judge asked the petitioners to bring to the notice of the court if any irregularities were found in the list.

The election process could go on, the judge said. The petitions were posted to Monday for hearing.

CBI: Raju formatted laptop to erase data

By S A Ishaqui

Hyderabad, Aug. 10: The prime accused in the multi-crore Satyam scam, B. Ramalinga Raju, had fraudulently reloaded the operating system of his laptop immediately after his confession, to destroy incriminating electronic records, the Central Bureau of Investigation told the High Court on Tuesday while filing an objection to Raju’s bail petition through an affidavit.

The CBI said the forensic examination of Ramalinga Raju’s laptop revealed that the reloading of his operating system was done on January 7, 2009 — the very day he confessed to fudging the company funds.

The CBI also said that most witnesses in the case are Satyam employees, and Raju still wields tremendous influence on them. Raju’s main agenda was to stay put in a hospital, as from there he could stay in touch with the outside world and use his money and muscle power to influence the witnesses, alleged the CBI.

Raju was admitted to the Nizam’s Institute of Medical Sciences on September 7, 2009, and he continues to be there till date. During this period, he has been regularly meeting his counsel, the CBI said. The CBI said Raju generated forged fixed deposit receipts of various banks and got them destroyed as part of a conspiracy after the fraud came to light.

According to the affidavit, the investigation revealed that Raju had sent Satyam Computer’s funds to a third party across the globe. Based on the information, the CBI had issued letters rogatory to the competent judicial authorities in the US, the UK, Mauritius, Singapore, Belgium and the Virgin Islands.

Partial replies from the US, the UK, Mauritius and Singapore have been received. Replies from other countries are awaited.

At this stage, granting a bail to Raju will only allow him to influence the witnesses in India and abroad and tamper with more evidence, said the CBI.

CBI ropes in top lawyer to deny Raju bail

By S A Ishaqui
Hyderabad,Aug. 5: The Central Bureau of Investigation (CBI) engaged the solicitor-general of India to oppose the bail petition of B. Ramalinga Raju, the prime accused in the mutli-crore Satyam scam, before the AP High Court. Mr T. Niranjan Reddy, the special public prosecutor of the CBI, on Thursday, informed Justice Raja Elango that the solicitor-general, Mr Gopal Subrahmanyam, will appear in the case, and urged the judge to adjourn the matter to August 12.

However, counsel for Raju objected to the CBI’s plea and contended that it did not allow the accused to avail of the opportunity to get bail by seeking adjournments of the hearing. Responding to the contentions of the petitioner’s counsel, the judge said that the court cannot deny the opportunity to the CBI to defend its case and adjourned the case. Mr G. Subrahmanyam, the second top lawman of the government after the attorney-general, is defending the cases of the government of India. He is an expert in criminal laws and hails from Tamil Nadu.

The CBI is of the opinion that if Raju gets bail, he is likely to spoil the investigation at this crucial juncture, as eight of the nine accused are out on bail. According to sources, the CBI sent a request to the Centre to spare the services of Mr Subrahmanyam to argue the case, as investigation into factors like diversion of funds are yet to come to a logical end.

Earlier, Ramalinga Raju had withdrawn his bail petition from the Supreme Court and approached the AP High Court after the court had granted bail to five other accused in the case including his brother. Ramalinga Raju contended in his bail petition that the charges are on same footing with those of five other accused, including his brother, already out on bail.

Ramalinga Raju, who had confessed to fudging accounts of the company on January 7, 2009, retracted his confessional statement and claimed that he is innocent. Meanwhile, Ch. Srisailam, the former finance manager of Satyam, approached the AP High Court on Thursday, urging the court to set aside an order passed by the metropolitan session judge of the Nampally court by dismissing his revision petition.

AP High Court for CID probe into TTD scam

By S A Ishaqui
Hyderabad,Aug. 2: The Tirumala Tirupati Devasthanam (TTD) was in for a rude shock when the AP High Court on Monday ordered a CID probe into the alleged Arjita Seva ticket scam. Justice Samudrala Govindarajulu stalled proceedings at a lower court at Tirupati with regard to illegal sale of Poorabhishekam tickets and also directed the additional director–general of the CID to constitute a special investigation team for this case.

The judge said the SIT could look into other irregularities and can increase the scope of the investigation depending on the clues unearthed. The judge said the SIT could interrogate any person related to the offence irrespective of their status, in order to solve the case. The judge ruled that the investigation officer should file a periodical monthly report on the investigation to the High Court and after conclusion of the investigation the investigation officer shall file an additional final report before the lower court.

Justice Govindarajulu said the brokers could not have operated without the involvement of the TTD staff. The judge said, “Keeping in mind the larger public interest and also to protect the sentiments and feelings of the devotees of Lord Venkateswara, this court is of the opinion that there is a comprehensive probe needed to unearth the black sheep involved in the offence.’’

The judge passed the orders while dealing with two petitions filed by Mr A.V. Dharma Reddy, special executive officer, and Mr K. Damodaram, joint executive officer of the TTD, seeking a to quash the criminal proceedings against them.

Court not to take up judges’ assets case

By S A Ishaqui
Hyderabad,Aug 2: The AP High Court on Monday upheld the objection raised by its registry on whether a petition filed seeking declaration of the assets of HC judges can be taken up for hearing.

Mr Thalluri Kumar Babu, a practising advocate of the HC, filed the petition contending that non-disclosure of the assets by the judges infringed upon his fundamental rights guaranteed under Article 21 of the Constitution.

While upholding the objections of the registry, the bench refused to direct the registry to post the petition for hearing.
The registry also asked the petitioner to clarify as to the maintainability of the petition as framed by the High Court and also to clarify as to the entertainability of the plea by making the Chief Justice and all other judges except one judge as respondents in the petition.

Notify vacancies for drug vacancies

The AP High Court on Monday directed the State government to notify 106 vacancies of drug inspectors. A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanu gave this directive while dealing with a case pertaining to alleged irregularities in the blood banks across the state.

The government had explained the difficulty in monitoring the activities of blood banks in the absence of drug inspectors.

Orders reserved in advocates’ case

Justice Raja Elango of High Court on Monday reserved orders on two petitions seeking cancellation of the bail granted to two advocates of Rajahmundry who allegedly abused the joint collector of the East Godavari district.

The police registered a case under the SC & ST (Prevention of Atrocities) Act, 1989, against the advocates.

Notice to city police commissioner

Justice G. Rohini of the High Court on Monday issued notices to the city police commissioner on a petition seeking an inquiry into alleged irregularities committed by the executive members of the Hyderabad Cricket Association (HCA).

The petitioner, Sagar Cricket Club, alleged that the HCA officers indulged in misappropriation of funds while constructing the stadium at Uppal.

Maoist leader’s kin files petition

The High Court adjourned to Tuesday a habeas corpus petition seeking a direction to produce Mr Varanasi Subrahmanyam, a Maoist leader, who has allegedly been detained by the police. Ms. Renuka Devi, sister of Subrahmanyam, filed the petition.

By S A Ishaqui

Hyderabad,July 30: The AP High Court on Friday issued a bailable warrant against Mr A.K. Goel, joint secretary of the Union home ministry, (freedom fighters section) for not implementing the order of the court and not appearing in person though notices were served.

Justice Nooty Ramamohana Rao was dealing with a contempt case filed by Mr K. Rami Reddy and four others, challenging the action of the authorities in suspending the pension given to them. The authorities had contended that inquiry was pending against the petitioners and so their pension was stopped in 2000. The petitioners submitted their representation to the ministry to reconsider their cases as there was no inquiry pending against them. They filed a contempt case after the authorities failed in considering the court orders within three months.

AP High Court HC fines woman for misleading petition on name change

By S A Ishaqui

Hyderabad,June 17: The AP High Court on Thursday imposed a fine on a woman petitioner for misleading the court by filing a purported affidavit with regard to change of her name.
Justice C.V. Nagarjuna Reddy while dismissing a petition filed by Ms Y. Swapna of Ranga Reddy district, directed the registrar (judicial) to initiate action against her under the provisions of the Criminal Procedure Code.
The judge directed the petitioner to pay Rs 10, 000 to the AP Legal Service Authority within four weeks.
The petitioner had approached the court challenging the disqualification of her application for Hindustan Petroleum Corporation Ltd dealership at Shabad in RR.
HPCL had rejected her application as she did not submit a copy of her marriage certificate or an affidavit in support of her maiden name and name after marriage along with her application.
During the course of the hearing, the petitioner pleaded that she had filed a notarised affidavit pertaining to change of her name and a copy of the affidavit before the court.
But HPCL opposed her plea by contending that she never filed any affidavit with regard to change of her name.
The court pulled up the petitioner and asked her whether she has proof of filing the affidavit. She replied in the negative.
The judge pointed out that the petitioner had not only failed to comply with the mandatory requirement of filing personal affidavit for change of her name, but also made a false averment and tried to mislead the court by filing a copy of the purported affidavit.
The judge observed that the corporation and its officials have not committed any illegality in rejecting her application.


Zee petitions against SHRC ban on Aata

Zee Entertainment Enterprises and OAK Enterprises approached the High Court on Thursday against the orders of the State Human Rights Commission prohibiting the telecast of Aata-5, a reality show for children. Zee Entertainment Enterprises contended that the SHRC had passed order without conducting inquiry under Sections 13 and 14 of the Protection of Human Rights Act. The petitioners argued that the SHRC order was violative of Section 16 of the Act, which mandates the commission to hear, at any stage of the inquiry, the persons likely to be prejudicially affected by its order. OAK Enterprises, the production house, contended that the SHRC had no power to issue interim directions, that too ex parte, even before the inquiry was over.

AP High Court reserves decision on judges assets plea

By S A Ishaqui
Hyderabad,July 28: The AP High Court on Wednesday reserved its decision to Monday to decide whether a petition seeking declaration of the assets of the High Court judges can be taken up for hearing. Mr Thalluri Kumar Babu, a practising advocate of the High Court, filed a writ petition contending that non-disclosure of the assets by judges infringes on his fundamental rights guaranteed under Article 21 of the Constitution.

He filed the petition on April 12 and the registry returned the petition on April 19, raising certain objection over the maintainability of the writ and also questioning the locus of the petitioner in filing the writ.

The registry also asked the petitioner to clarify as to the maintainability of the petition as framed by the High Court and also to clarify if the plea could be entertained just by making the Chief Justice and all other judges except one judge as respondents in the petition.

CBI asks for time on Raju’s bail plea

The CBI officials on Wednesday urged Justice Raja Elango of the AP High Court to adjourn the hearing of a bail petition filed by B. Ramalinga Raju, the prime accused in multi crore Satyam scam to August 5.

Mr T. Niranajan Reddy, special public prosecutor of the CBI, asked for a week to submit their response on the petition. The judge agreed and posted the matter to August 5 to facilitate the CBI to submit its version.

Chamundi case shifted to city court

By S A Ishaqui

Hyderabad,July 27: The Andhra Pradesh High Court on Tuesday transferred a case pending against the former secretary of the Andhra Cricket Association, Mr V. Chamundeswarnath, from a court at Rajahmundry to a lower court at Hyderabad.

Justice Raja Elango passed the orders on a petition filed by Ms Rama Devi seeking a direction to transfer the trial of the case from Rajahmundry. She told the court the case cannot be conducted at Rajahmundry in a free and fair manner as Mr Chamundeswarnath was powerful and had many influential friends and relatives who could threaten her.

A case was registered against Mr Chamund-eswarnath under Section 506 and 509 of the IPC by Vijayawada police on the complaint of Ms Rama Devi that he used to send vulgar SMSes. The trial was earlier shifted to Rajahmundry on his request.

Police had added charges under Section 354 of the IPC against him after another women cricketer too made an allegation of sexual harassment. However, she later withdrew the complaint. On the orders of the High Court, Chamun-deswaranath had surrendered before the Vijayawada court on January 6, 2010, and the court granted him bail.