By S A Ishaqui
Hyderabad, April 28 : The Andhra Pradesh High Court on Thursday adjourned the hearing of a writ of quo warranto filed against the continuation of Mr K. Rosaiah as Chief Minister.
Mr Voggu Murali and five other selected excise constables filed the writ contending that Mr Rosaiah was not competent to hold the office of Chief Minister as he was not elected leader of the Congress Legislature Party prior to his appointment on September 3, 2009 and even subsequently.
When the petition came up before a division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar, the advocate- general Mr D.V. Seetharama Murthy, took serious exception and said the writ was an abuse of process of law and has nothing to do with the relief of writ of quo warranto against the Chief Minister.
He told the court that similar writs filed earlier were dismissed by the court.
The bench asked the petitioner’s counsel, Mr P.V. Krishnaiah, to point out necessary provisions of law and not to make it a political issue. He said that the CLP had authorised the AICC chief to select the leader of the CLP instead of electing any person as the leader and as per the liberty given by the CLP this was informed to the Governor through the PCC president. He contended that this was illegal and against the Constitution. The case is posted for hearing after the vacation.
Thursday, April 29, 2010
HC quashes cases against Chamundi
By S A Ishaqui
Hyderabad, April 28 :The Andhra Pradesh High Court on Thurday quashed criminal proceedings pending against Mr Chamundeswarnath, former secretary of the Andhra Cricket Association.
Mr N. Venkat Rao, a native of Guntur district had lodged a complaint against Mr Chamundeswarnath alleging that he had tampered with the bylaws and records of the association. The Nagarampalem police registered a case against Mr Chamundeswarnath. The former ACA secretary challenged the action before the court and Justice Gopalakrishna Tamada quashed the proceedings.
HC refuses to enter Speaker’s domain
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the Andhra Pradesh High Court on Thursday dismissed a writ petition filed seeking a direction to the AP Assembly Speaker to disclose the reasons for delay in accepting the resignations of MLAs recently.
Mr K. Parthasaradhi Reddy, an advocate filed the writ seeking a direction to declare the action of the Speaker in keeping the resignations of MLAs pending for a period of one-and-a-half months without taking any actions as unconstitutional. The bench observed that it will not intervene in matters which under the jurisdiction of the Speaker.
Hyderabad, April 28 :The Andhra Pradesh High Court on Thurday quashed criminal proceedings pending against Mr Chamundeswarnath, former secretary of the Andhra Cricket Association.
Mr N. Venkat Rao, a native of Guntur district had lodged a complaint against Mr Chamundeswarnath alleging that he had tampered with the bylaws and records of the association. The Nagarampalem police registered a case against Mr Chamundeswarnath. The former ACA secretary challenged the action before the court and Justice Gopalakrishna Tamada quashed the proceedings.
HC refuses to enter Speaker’s domain
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the Andhra Pradesh High Court on Thursday dismissed a writ petition filed seeking a direction to the AP Assembly Speaker to disclose the reasons for delay in accepting the resignations of MLAs recently.
Mr K. Parthasaradhi Reddy, an advocate filed the writ seeking a direction to declare the action of the Speaker in keeping the resignations of MLAs pending for a period of one-and-a-half months without taking any actions as unconstitutional. The bench observed that it will not intervene in matters which under the jurisdiction of the Speaker.
HC seeks info from top cop on action taken on TV channels
By S A Ishaqui
Hyderabad,April 29: The Andhra Pradesh High Court on Thursday sought to know from the Hyderabad city police commissioner the action he has initiated against TV news channels for their repeated telecast of crime-based programmes and visuals containing violence and obscenity, despite court orders.
Justice C.V. Nagarjuna Reddy was dealing with a petition filed by Mr V. V.S.S. Kameswara Rao, a practising advocate, seeking a direction to restrain all Telugu news channels from telecasting violent sequences, visuals, tele-serials based on crime events and also abusive speeches.
The court had earlier granted stay on telecast of the programmes, which created panic in the minds of the people. The court also asked channels not to telecast or hold debates which are of little help to the people.
The court directed the city police commissioner to see that the provisions of Rule 6 of the Cable Television Networks Rules 1994 are strictly complied with by the TV channels.
Justice Nagarjuna Reddy directed the police commissioner to file an action taken report by June 14 and extended stay orders.
Hyderabad,April 29: The Andhra Pradesh High Court on Thursday sought to know from the Hyderabad city police commissioner the action he has initiated against TV news channels for their repeated telecast of crime-based programmes and visuals containing violence and obscenity, despite court orders.
Justice C.V. Nagarjuna Reddy was dealing with a petition filed by Mr V. V.S.S. Kameswara Rao, a practising advocate, seeking a direction to restrain all Telugu news channels from telecasting violent sequences, visuals, tele-serials based on crime events and also abusive speeches.
The court had earlier granted stay on telecast of the programmes, which created panic in the minds of the people. The court also asked channels not to telecast or hold debates which are of little help to the people.
The court directed the city police commissioner to see that the provisions of Rule 6 of the Cable Television Networks Rules 1994 are strictly complied with by the TV channels.
Justice Nagarjuna Reddy directed the police commissioner to file an action taken report by June 14 and extended stay orders.
Tuesday, April 27, 2010
AP High Court seeks Maytas Infra response to wind up petition
By S A Ishaqui
Hyderabad, April 26: Justice B. Seshasayana Reddy of the Andhra Pradesh High Court on Monday issued notice to Maytas Infra Ltd seeking its response on winding up a petition. NES Global Specialist Engineering Services Pvt. Ltd filed the petition stating that the Maytas Infra is deemed to be commercially insolvent and is unable to discharge its debts to its creditors.
The petitioner company told the court that the Maytas Infra had to repay US $70,493 to them. They asked the court to appoint an Official Liquidator and also to pass an order of injunction restraining the respondent company, its directors from parting with the possession, creating or extending third party interests in or over the assets of the Maytas Infra Limited.
The case was posted to June 8 for further hearing while directing Maytas to file its reply on the petition.
Hyderabad, April 26: Justice B. Seshasayana Reddy of the Andhra Pradesh High Court on Monday issued notice to Maytas Infra Ltd seeking its response on winding up a petition. NES Global Specialist Engineering Services Pvt. Ltd filed the petition stating that the Maytas Infra is deemed to be commercially insolvent and is unable to discharge its debts to its creditors.
The petitioner company told the court that the Maytas Infra had to repay US $70,493 to them. They asked the court to appoint an Official Liquidator and also to pass an order of injunction restraining the respondent company, its directors from parting with the possession, creating or extending third party interests in or over the assets of the Maytas Infra Limited.
The case was posted to June 8 for further hearing while directing Maytas to file its reply on the petition.
Landmine victims can get compensation : AP High Court
By S A Ishaqui
Hyderabad,April 26 : The Andhra Pradesh High Court held that landmine blast victims are entitled for compensation under the Motor Vehicles Act apart from ex gratia.
A division bench comprising Justice B. Prakash Rao and Justice B. Chandra Kumar, while allowing two civil miscellaneous appeals filed by the family members of two victims who died in a landmine blast at Vizianagaram, declared that these accidents also come under the definition of rash and negligent driving as defined under the MV Act.
The bench observed, “We are of the view that the driver of the vehicle alone need not be rash and negligent in driving the vehicle, but negligence on part of the owner or the persons responsible for plying the vehicle also amounts to rash and negligent driving.”
The judges said that the words “rash and negligent driving” have to be given a wider meaning.
The bench said admittedly the victims were proceeding in the forest area in which, extremists were moving. In such a situation, the police officials should have been very cautious and careful.
“With their wide experience, they ought to have visualised that the extremists may keep a watch on the movements of the police and may use landmines to kill them.” The bench made it clear that the settled law is that the ex gratia and other allowances paid to legal heirs of the deceased cannot be taken into consideration for determining the compensation under the provisions of the Act.
While setting aside an order passed by the Accidents Claim Tribunal at Vizianagaram, the court declared that Shaik Ismail, who was the driver of the bus, which was targeted by the extremists, was awarded Rs 5.07 lakhs as compensation.
The bench also declared that Bhupathi Sreeramulu, police constable, killed in the blast, is also entitled for Rs 10.97 lakh compensation.
While observing the accident (landmine blast) is nothing but a negligent act of the respondents and therefore, they are liable to pay compensation, the bench said the claimants are also entitled to interest at the rate of 7.5 per cent per annum from the date of petition till the date of realisation.
Hyderabad,April 26 : The Andhra Pradesh High Court held that landmine blast victims are entitled for compensation under the Motor Vehicles Act apart from ex gratia.
A division bench comprising Justice B. Prakash Rao and Justice B. Chandra Kumar, while allowing two civil miscellaneous appeals filed by the family members of two victims who died in a landmine blast at Vizianagaram, declared that these accidents also come under the definition of rash and negligent driving as defined under the MV Act.
The bench observed, “We are of the view that the driver of the vehicle alone need not be rash and negligent in driving the vehicle, but negligence on part of the owner or the persons responsible for plying the vehicle also amounts to rash and negligent driving.”
The judges said that the words “rash and negligent driving” have to be given a wider meaning.
The bench said admittedly the victims were proceeding in the forest area in which, extremists were moving. In such a situation, the police officials should have been very cautious and careful.
“With their wide experience, they ought to have visualised that the extremists may keep a watch on the movements of the police and may use landmines to kill them.” The bench made it clear that the settled law is that the ex gratia and other allowances paid to legal heirs of the deceased cannot be taken into consideration for determining the compensation under the provisions of the Act.
While setting aside an order passed by the Accidents Claim Tribunal at Vizianagaram, the court declared that Shaik Ismail, who was the driver of the bus, which was targeted by the extremists, was awarded Rs 5.07 lakhs as compensation.
The bench also declared that Bhupathi Sreeramulu, police constable, killed in the blast, is also entitled for Rs 10.97 lakh compensation.
While observing the accident (landmine blast) is nothing but a negligent act of the respondents and therefore, they are liable to pay compensation, the bench said the claimants are also entitled to interest at the rate of 7.5 per cent per annum from the date of petition till the date of realisation.
Mention of religion not a must, rules AP High Court
By S A Ishaqui
Hyderabad, April 26 : The AP High Court on Monday declared that an educational institution cannot reject any application on the grounds of non-disclosure of the religion of the parents and their ward.
Justice C. V. Nagarjuna Reddy was dealing with a petition filed by Mr. D. V. Ramakrishna Rao seeking a direction to the principal, St. Ann's High School, Tarnaka, to admit his daughter in LKG.
The judge said "prima facie my view is the school management cannot force the petitioner to disclose religion against their conscience."
The judge observed that such an act violates the fundamental rights guaranteed under
Article 25 of the Constitution. Article 25 of the Constitution protects freedom of
conscience and right to freely profess, practise and propagate religion.
He said an important Constitutional issue arises in the writ petition, whether a
recognised educational institution in the state can refuse admission of a person merely on the ground that the parents of the applicant decline to indicate the religion to which the candidate belongs.
Justice Reddy observed “in a secular country like ours, the State or any person cannot insist on a citizen to disclose his religion unless such a person seeks benefit out of his status”.
He said, “I am also prima facie of the opinion that the freedom of religion guaranteed under Article 25 of the Constitution includes freedom not to profess any religion."
Mr D Suresh Kumar, counsel for the petitioner told the court that the school management
informed that the application of admission of his client's minor child Sahaja was
rejected as her status of casts and religion mentioned as non religious.
He said that the petitioner submitted representations to the Commissioner and Director of School Education, and the District Education Officer, Hyderabad, but they did not respond till date. He sought direction to the official respondents to take steps to frame and issue appropriate guidelines to education institutions to allow the identity status of parents of children as non religious when they opted for it.
The judge admitted the petition by directing the school management to consider the
application of the petitioner for admission of his daughter into L K G without reference to the column 'religion' and not to reject the application on the ground of non- disclosure of religion.
Hyderabad, April 26 : The AP High Court on Monday declared that an educational institution cannot reject any application on the grounds of non-disclosure of the religion of the parents and their ward.
Justice C. V. Nagarjuna Reddy was dealing with a petition filed by Mr. D. V. Ramakrishna Rao seeking a direction to the principal, St. Ann's High School, Tarnaka, to admit his daughter in LKG.
The judge said "prima facie my view is the school management cannot force the petitioner to disclose religion against their conscience."
The judge observed that such an act violates the fundamental rights guaranteed under
Article 25 of the Constitution. Article 25 of the Constitution protects freedom of
conscience and right to freely profess, practise and propagate religion.
He said an important Constitutional issue arises in the writ petition, whether a
recognised educational institution in the state can refuse admission of a person merely on the ground that the parents of the applicant decline to indicate the religion to which the candidate belongs.
Justice Reddy observed “in a secular country like ours, the State or any person cannot insist on a citizen to disclose his religion unless such a person seeks benefit out of his status”.
He said, “I am also prima facie of the opinion that the freedom of religion guaranteed under Article 25 of the Constitution includes freedom not to profess any religion."
Mr D Suresh Kumar, counsel for the petitioner told the court that the school management
informed that the application of admission of his client's minor child Sahaja was
rejected as her status of casts and religion mentioned as non religious.
He said that the petitioner submitted representations to the Commissioner and Director of School Education, and the District Education Officer, Hyderabad, but they did not respond till date. He sought direction to the official respondents to take steps to frame and issue appropriate guidelines to education institutions to allow the identity status of parents of children as non religious when they opted for it.
The judge admitted the petition by directing the school management to consider the
application of the petitioner for admission of his daughter into L K G without reference to the column 'religion' and not to reject the application on the ground of non- disclosure of religion.
Friday, April 23, 2010
HMDA ordered to repay Kokapet auction money
By S A Ishaqui
Hyderabad,April 22: The Hyderabad Metropolitan Development Authority (HMDA) received a major set back from the Andhra Pradesh High Court on Thursday as the court directed to refund the money of successful bidders of its prestigious Golden Mile Layout project at Kokapet.
The HMDA, erstwhile Huda, had auctioned 70 acres in Kokapet village, Rajendranagar mandal in July 2006.The auction had fetched Huda Rs 703 crores, including a bid of Rs 14.5 crores per acre for a five-acre plot. The bidders paid to the Huda Rs 435 crores up front.
Reputed names like Prestige Gardens Estate Group from Bengaluru, Today from Delhi, My Home Constructions Private Ltd., Hyderabad, Lake Point Builders, Mumbai, Madhucon Properties, Pioneer Telafone Ltd. of Viceroy group, IBC Knowledge Park, Bengaluru, and Kailash Ganga Constructions were among the successful bidders.
However, the bidders approached the court as there was delay in handing over the property to them and contended that the authorities did not inform them that there were writ petitions pending with regard to the land.
Mr K.S.B. Ali and others who are claiming to be legal heirs of Nawab Nusrat Jung -1 have been fighting for the lands for several years.
Justice L. Narasimha Reddy while allowing the petitions directed the HMDA to refund the deposits to the petitioner within three months.
If it fails to repay it should pay nine per cent interest per annum from the date of deposit, till the date of payment.
The court faulted the HMDA as it failed to disclose the defect or cloud upon their title.
Hyderabad,April 22: The Hyderabad Metropolitan Development Authority (HMDA) received a major set back from the Andhra Pradesh High Court on Thursday as the court directed to refund the money of successful bidders of its prestigious Golden Mile Layout project at Kokapet.
The HMDA, erstwhile Huda, had auctioned 70 acres in Kokapet village, Rajendranagar mandal in July 2006.The auction had fetched Huda Rs 703 crores, including a bid of Rs 14.5 crores per acre for a five-acre plot. The bidders paid to the Huda Rs 435 crores up front.
Reputed names like Prestige Gardens Estate Group from Bengaluru, Today from Delhi, My Home Constructions Private Ltd., Hyderabad, Lake Point Builders, Mumbai, Madhucon Properties, Pioneer Telafone Ltd. of Viceroy group, IBC Knowledge Park, Bengaluru, and Kailash Ganga Constructions were among the successful bidders.
However, the bidders approached the court as there was delay in handing over the property to them and contended that the authorities did not inform them that there were writ petitions pending with regard to the land.
Mr K.S.B. Ali and others who are claiming to be legal heirs of Nawab Nusrat Jung -1 have been fighting for the lands for several years.
Justice L. Narasimha Reddy while allowing the petitions directed the HMDA to refund the deposits to the petitioner within three months.
If it fails to repay it should pay nine per cent interest per annum from the date of deposit, till the date of payment.
The court faulted the HMDA as it failed to disclose the defect or cloud upon their title.
AP High Court split on lie detector test on' Satyam' Raju
By S A Ishaqui
Hyderabad, April 23 : A division bench comprising Justice A Gopal Reddy and Justice Samudrala Govindarajulu of the AP High Court on Friday differed on brain mapping and
polygraph tests on B Ramalinga Raju,prime accused in Multi crore Satyam fraud and his associates.
The judges delivered their verdicts on petition filed by Ramalinga Raju and his brother Rama Raju and Srinivas Vadlamani, former CFO of the company challenging the orders of a lower court by permitting the Central Bureau of Investigation to conduct polygraph and Brain Mapping tests on them.
Justice Govindarajulu favoured the tests , whereas Justice Gopala Reddy negative the
lower court order observing that the test are unconstitutional and the tests involve
invasion into a person's body without his consent which is not permitted under law.
As both the orders were contradictory to each other, the matter would now go back to
Chief Justice who will have to refer it to a third judge for a fresh hearing on the
matter.
Justice Gopal Reddy ruled that there is no law governing such tests which are violative of the right to life. He said the amended provisions of Section 53 of the Criminal Procedure Code speak of `such other tests' in their explanations and it is not clearly stated whether these other tests include the polygraph, narco analysis and brain mapping tests. He said these amounts to using third degree methods.
Justice Reddy observed "using the ejusdem generis rule, the rule the judges can use for interpreting a law whose linguistic construction is somewhat ambiguous."
He pointed out that these tests do not form part of the `such other tests' contemplated in the Section 53 and its sub sections. The courts cannot supplant or widen such other tests by including these three tests.
He said "these tests involve invasion into a person's body without his consent which is not permitted under law. It violates the Article 21 of the Constitution and in such compelling circumstances individuals can invoke the protections available to them under Article 20(3) of the Constitution".
Justice Gopala Reddy observed that the accused cannot be compelled to undergo such tests in the absence of any law governing such tests and set aside the lower court order.
However, Justice Govindarajulu ruled that these tests can be conducted on the accused to protect the interests of several victims who lost heavily due to the actions of the accused in this scam.
He said that any hindrance to these tests would affect not only the CBI's right to
investigate but also the interests of various victims within and outside the country who are affected by the activities of the accused. He allowed the CBI to conduct these tests on the accused.
Hyderabad, April 23 : A division bench comprising Justice A Gopal Reddy and Justice Samudrala Govindarajulu of the AP High Court on Friday differed on brain mapping and
polygraph tests on B Ramalinga Raju,prime accused in Multi crore Satyam fraud and his associates.
The judges delivered their verdicts on petition filed by Ramalinga Raju and his brother Rama Raju and Srinivas Vadlamani, former CFO of the company challenging the orders of a lower court by permitting the Central Bureau of Investigation to conduct polygraph and Brain Mapping tests on them.
Justice Govindarajulu favoured the tests , whereas Justice Gopala Reddy negative the
lower court order observing that the test are unconstitutional and the tests involve
invasion into a person's body without his consent which is not permitted under law.
As both the orders were contradictory to each other, the matter would now go back to
Chief Justice who will have to refer it to a third judge for a fresh hearing on the
matter.
Justice Gopal Reddy ruled that there is no law governing such tests which are violative of the right to life. He said the amended provisions of Section 53 of the Criminal Procedure Code speak of `such other tests' in their explanations and it is not clearly stated whether these other tests include the polygraph, narco analysis and brain mapping tests. He said these amounts to using third degree methods.
Justice Reddy observed "using the ejusdem generis rule, the rule the judges can use for interpreting a law whose linguistic construction is somewhat ambiguous."
He pointed out that these tests do not form part of the `such other tests' contemplated in the Section 53 and its sub sections. The courts cannot supplant or widen such other tests by including these three tests.
He said "these tests involve invasion into a person's body without his consent which is not permitted under law. It violates the Article 21 of the Constitution and in such compelling circumstances individuals can invoke the protections available to them under Article 20(3) of the Constitution".
Justice Gopala Reddy observed that the accused cannot be compelled to undergo such tests in the absence of any law governing such tests and set aside the lower court order.
However, Justice Govindarajulu ruled that these tests can be conducted on the accused to protect the interests of several victims who lost heavily due to the actions of the accused in this scam.
He said that any hindrance to these tests would affect not only the CBI's right to
investigate but also the interests of various victims within and outside the country who are affected by the activities of the accused. He allowed the CBI to conduct these tests on the accused.
Thursday, April 22, 2010
TTD gold wall hits HC hurdle
By S A Ishaqui
Hyderabad, April 21: The Gold Coating Project of Tirumala Tirupathi Devesthanams was stalled by the AP High Court on Wednesday.
A division bench comprising Justice B.Prakasha Rao and Justice R Kantha Rao dealing with a petition filed against gold plating of the walls of anctum Sanctorum of Lord Venkateswara temple at Tirumala under "Ananda Vimana Swarnamayam project ", stayed all further activity of the project.
The bench granted interim order while admitting the petition filed by Mr G.Raghava Reddy, president of Devalayaparirakshana Samithi. He challenged the validity of Section 97 and 97 B of the AP Charitable and Hindu Religious and Endowments Act,1987.
The bench pointed out that it was apparent that the government was meddling in the temple affairs. It was said that the issue of gold plating involves religious practices, beliefs and sentiments of devotees.
The bench opined that prima facie case is made out and the matter needs to be examine in detail.
During the hearing Justice Prakasha Rao recalled an incident which occurred 20-years ago at Tirumala wherein the deity of temple was painted in yellow by enamel paint after the endowments officer felt that putting turmeric every day was unnecessary.
The petitioner told the court that the TTD passed a resolution in September 2008 to take up the project. He said in 2005, there was a proposal to cover the Ananda Vimana Prakaram with gold. This was to be done by gold plating copper sheet and then fixing these sheets into the walls using bolts and screws. The proposal was placed before the Agama Sastra Advisers to the temple. Sri M.K. Srinivasa Bhattacharya had opined that the gold plating of the Vimana Prakaram would be against the Agama Sastras.
The petitioner contended that the Board was not authorised to take up the project which involves fixing heavy copperplates coated with the gold into the walls of sanctum sanctorum by drilling bolts.
He argued that this amounts to interfering with the religious functions of the temple and the project was in clear violation of the provisions of the Ancient Monuments and Historical Sites and Remains Act, 1958.
He told the court that the age old inscriptions on the walls of the temple which are of cultural importance would disappear due to gold plating project. He alleged that irreparable loss would be caused to the cultural heritage of the country solely for the purpose of fulfilling the whims and fancies of the present board, which is in office for a temporary period of two years.
The action of the TTD board was violative of Article 25 and 27 of the constitution of India.
The court issued notices to the respondents directing them to file counter affidavits and posted the case after summer vacation of the court.
Hyderabad, April 21: The Gold Coating Project of Tirumala Tirupathi Devesthanams was stalled by the AP High Court on Wednesday.
A division bench comprising Justice B.Prakasha Rao and Justice R Kantha Rao dealing with a petition filed against gold plating of the walls of anctum Sanctorum of Lord Venkateswara temple at Tirumala under "Ananda Vimana Swarnamayam project ", stayed all further activity of the project.
The bench granted interim order while admitting the petition filed by Mr G.Raghava Reddy, president of Devalayaparirakshana Samithi. He challenged the validity of Section 97 and 97 B of the AP Charitable and Hindu Religious and Endowments Act,1987.
The bench pointed out that it was apparent that the government was meddling in the temple affairs. It was said that the issue of gold plating involves religious practices, beliefs and sentiments of devotees.
The bench opined that prima facie case is made out and the matter needs to be examine in detail.
During the hearing Justice Prakasha Rao recalled an incident which occurred 20-years ago at Tirumala wherein the deity of temple was painted in yellow by enamel paint after the endowments officer felt that putting turmeric every day was unnecessary.
The petitioner told the court that the TTD passed a resolution in September 2008 to take up the project. He said in 2005, there was a proposal to cover the Ananda Vimana Prakaram with gold. This was to be done by gold plating copper sheet and then fixing these sheets into the walls using bolts and screws. The proposal was placed before the Agama Sastra Advisers to the temple. Sri M.K. Srinivasa Bhattacharya had opined that the gold plating of the Vimana Prakaram would be against the Agama Sastras.
The petitioner contended that the Board was not authorised to take up the project which involves fixing heavy copperplates coated with the gold into the walls of sanctum sanctorum by drilling bolts.
He argued that this amounts to interfering with the religious functions of the temple and the project was in clear violation of the provisions of the Ancient Monuments and Historical Sites and Remains Act, 1958.
He told the court that the age old inscriptions on the walls of the temple which are of cultural importance would disappear due to gold plating project. He alleged that irreparable loss would be caused to the cultural heritage of the country solely for the purpose of fulfilling the whims and fancies of the present board, which is in office for a temporary period of two years.
The action of the TTD board was violative of Article 25 and 27 of the constitution of India.
The court issued notices to the respondents directing them to file counter affidavits and posted the case after summer vacation of the court.
Tuesday, April 20, 2010
AP High Court directs to return Shoaib Malik's passport
By S A Ishaqui
Hyderabad, April 19 : The AP High Court, on Monday, directed the 13th additional chief metropolitan magistrate, Nampally, Hyderabad to immediately release and return the passport to Mr Shoaib Malik, Pakistan circketer pending closure of the case registered by the city police.
Justice C. V. Nagarjuna Reddy passed orders after either by Advocate - General Mr D V Seetharama Murthy or senior counsel Mr T Bal Reddy appeared on behalf of Ms Ayesha
Siddique, divorced wife of Mr Malik, did not oppose the return of the passport.
Mr Seetharama Murthy told the court that Hyderabad Central Crime Station authorities filed a final report before the magistrate as Ms Siddique submitted an application to withdraw her case against Mr Malik.
Mr C. Padmanabha Reddy, senior counsel, appeared for Mr Malik submitted that the closure of the case in pursuance of the final report by the magistrate will take time and the petitioner is required to leave for Pakistan in connection with post-marriage ceremonies.
He urged the court to direct the magistrate to release the passport and Mr Javed Razak , counsel appearing for Mr Malik at lower court may be handed over the passport.
The judge while directing the lower court handed over Mr Malik's passport to Mr Razak and disposed of the petition.
However ,Shoaib's counsel Javed Razack was handed over the passport and two booklets after the counsel moved an application before an additional chief metropolitan magistrate on Tuesday on along with an order copy of the AP High Court directing it to return the passport.
The magistrate initially sought Razack's identity proof and after submission of the same allowed the petition for issuance of the passport.
Shoaib Malik is now free to travel outside India or anywhere in India, Razack told reporters.
The case against Shoaib will be closed in due process of time as it involves legal process, the counsel said, adding there was no need for his client to make in person appearance before the court for closure of the case.
The police had taken away the cricketer's passport on April 5 and asked him not to leave the country after the case was registered against him based on a complaint by Ayesha, whom he subsequently divorced after denying that he had married her.
After Shoaib divorced Ayesha, the Siddiquis submitted an application to the Central Crime Station (CCS) -- a wing of Hyderabad police which investigated the case-- to withdraw the complaint.
Razack said "Shoaib is eagerly waiting to get back his passport and I will pass him the good news. I am on way to hand over the passport to Shoaib Malik".
The over ten-day drama and controversy surrounding Shoaib ended with his marriage to Indian Tennis star Sania Mirza here on April 12.
Hyderabad, April 19 : The AP High Court, on Monday, directed the 13th additional chief metropolitan magistrate, Nampally, Hyderabad to immediately release and return the passport to Mr Shoaib Malik, Pakistan circketer pending closure of the case registered by the city police.
Justice C. V. Nagarjuna Reddy passed orders after either by Advocate - General Mr D V Seetharama Murthy or senior counsel Mr T Bal Reddy appeared on behalf of Ms Ayesha
Siddique, divorced wife of Mr Malik, did not oppose the return of the passport.
Mr Seetharama Murthy told the court that Hyderabad Central Crime Station authorities filed a final report before the magistrate as Ms Siddique submitted an application to withdraw her case against Mr Malik.
Mr C. Padmanabha Reddy, senior counsel, appeared for Mr Malik submitted that the closure of the case in pursuance of the final report by the magistrate will take time and the petitioner is required to leave for Pakistan in connection with post-marriage ceremonies.
He urged the court to direct the magistrate to release the passport and Mr Javed Razak , counsel appearing for Mr Malik at lower court may be handed over the passport.
The judge while directing the lower court handed over Mr Malik's passport to Mr Razak and disposed of the petition.
However ,Shoaib's counsel Javed Razack was handed over the passport and two booklets after the counsel moved an application before an additional chief metropolitan magistrate on Tuesday on along with an order copy of the AP High Court directing it to return the passport.
The magistrate initially sought Razack's identity proof and after submission of the same allowed the petition for issuance of the passport.
Shoaib Malik is now free to travel outside India or anywhere in India, Razack told reporters.
The case against Shoaib will be closed in due process of time as it involves legal process, the counsel said, adding there was no need for his client to make in person appearance before the court for closure of the case.
The police had taken away the cricketer's passport on April 5 and asked him not to leave the country after the case was registered against him based on a complaint by Ayesha, whom he subsequently divorced after denying that he had married her.
After Shoaib divorced Ayesha, the Siddiquis submitted an application to the Central Crime Station (CCS) -- a wing of Hyderabad police which investigated the case-- to withdraw the complaint.
Razack said "Shoaib is eagerly waiting to get back his passport and I will pass him the good news. I am on way to hand over the passport to Shoaib Malik".
The over ten-day drama and controversy surrounding Shoaib ended with his marriage to Indian Tennis star Sania Mirza here on April 12.
Wednesday, April 14, 2010
AP High Court stops Maytas payment
By S A Ishaqui
Hyderabad, April 13: In a major jolt to Maytas Infra Ltd owned by the family of the disgraced ex-Satyam boss B. Ramalinga Raju, the Andhra Pradesh High Court on Tuesday asked the state government not to allot any work to the company on nomination basis hereafter.
A division bench comprising Justice Goda Raghuram and Justice Noushad Ali gave this directive while passing interim orders on a petition.
The bench also ordered the government not to make any payment to the company for the works in Gandikota reservoir in Kadapa district awarded to it on nomination basis under the relief and rehabilitation package.
The bench found fault with the action of the government’s indiscriminate allotments to the Maytas Infra without inviting tenders and also expressed its dissatisfaction at the government not filing a counter affidavit in the case even after the hearing was adjourned twice.
While granting two more weeks to the government to file the counter, the bench observed that a lot of public money could be saved if the government had invited tenders for the works, instead of awarding it to a particular company.
This was the second setback to the Maytas Infra in regard to Gandikota reservoir. The court had earlier quashed a GO issued to award road works worth Rs 120 crore to the company.
The bench was dealing with a petition filed by Mr K. Ramesh Reddy of Kadapa district, challenging the awarding of works worth several crore rupees on nomination basis to Maytas without inviting tenders.
Mr P. Veera Reddy, counsel for the petitioner, told the court that the government awarded works worth Rs 196.54 crore by splitting it into different packages ranging from Rs 2 lakh to Rs 5 crore.
He said the panchayat raj and irrigation departments awarded Maytas Infra works relating to construction of roads, drainage lines, water supply and sewerage lines and laying of electricity lines to colonies meant to rehabilitate families affected by the Mylavaram project.
Hyderabad, April 13: In a major jolt to Maytas Infra Ltd owned by the family of the disgraced ex-Satyam boss B. Ramalinga Raju, the Andhra Pradesh High Court on Tuesday asked the state government not to allot any work to the company on nomination basis hereafter.
A division bench comprising Justice Goda Raghuram and Justice Noushad Ali gave this directive while passing interim orders on a petition.
The bench also ordered the government not to make any payment to the company for the works in Gandikota reservoir in Kadapa district awarded to it on nomination basis under the relief and rehabilitation package.
The bench found fault with the action of the government’s indiscriminate allotments to the Maytas Infra without inviting tenders and also expressed its dissatisfaction at the government not filing a counter affidavit in the case even after the hearing was adjourned twice.
While granting two more weeks to the government to file the counter, the bench observed that a lot of public money could be saved if the government had invited tenders for the works, instead of awarding it to a particular company.
This was the second setback to the Maytas Infra in regard to Gandikota reservoir. The court had earlier quashed a GO issued to award road works worth Rs 120 crore to the company.
The bench was dealing with a petition filed by Mr K. Ramesh Reddy of Kadapa district, challenging the awarding of works worth several crore rupees on nomination basis to Maytas without inviting tenders.
Mr P. Veera Reddy, counsel for the petitioner, told the court that the government awarded works worth Rs 196.54 crore by splitting it into different packages ranging from Rs 2 lakh to Rs 5 crore.
He said the panchayat raj and irrigation departments awarded Maytas Infra works relating to construction of roads, drainage lines, water supply and sewerage lines and laying of electricity lines to colonies meant to rehabilitate families affected by the Mylavaram project.
Tuesday, April 13, 2010
HC issues notice to Maytas Property on winding up firm
By S A Ishaqui
Hyderabad, April 12: The Andhra Pradesh High Court on Monday issued notice to Maytas Properties Ltd seeking its reply on winding up a petition filed by a private employee couple.
Mr Krishna Kilaru and his wife Ms Sreelatha Kilaru, residents of Saleemnagar in Hyderabad, filed the petition stating that the company was unable to pay its debts and that it had failed to pay them their legitimate dues.
The petitioners told the court the company promised to construct and deliver a flat in an apartment complex called "Hill County" located at Bachupally village of Qutubullapur mandal in Ranga Reddy district, on the 8th floor, unit no. 385 through an agreement of sale dated February 6, 2008.
They said that they paid Rs 42,69,173 but the company failed to construct and deliver the flat due to which they cancelled the agreement on February 1, 2009. The company agreed through a letter to return the money within 180 days, but till date it had not paid the amount.
The petitioner submitted to the court that the company had committed a fundamental breach of contractual obligations by diverting funds meant for construction of apartments. They contended that the company had become commercially insolvent. They urged the court to appoint an official liquidator and restrain the creditors of the company from disposing off properties of the company. The case was posted to June 6.
Plea to follow MHA guidelines, stop riots
A public interest litigation was filed in the AP High Court on Monday seeking a direction to implement guidelines of the ministry of home affairs which were issued to prevent communal riots and relief and rehabilitation of the riot victims. Mr Wasim Ahmad Khan, an advocate, filed the petition stating that the Union home ministry issued guidelines in 1997 based on recommendations of various committees after the outbreak of various communal riots in the country.
PIL seeks judges to declare assets
A writ petition was filed in the Andhra Pradesh High Court on Monday seeking a direction to declare the action of the Chief Justice and Judges of the High Court in not declaring their assets as illegal.
Mr T. Kumar Babu, a practising advocate, filed the petition urging the court to call for the statements of assets of the judges. He contended that non-declaration of assets was violative of Article 21 of the Constitution. He argued
“Democracy cannot exist without justice. Justice cannot exist without the judges who are above suspicion. Judges who do not declare their assets can not be considered as judges above suspicion.” The petitioner told the court that the Kerala
High Court was the first to declare the assets of its judges on September 30, 2009 and it was followed by the Supreme Court, the Madras High Court and the Delhi High Court.
Petition on missing kids dismissed
A division bench comprising Justice D.S.R. Varma and Justice G. Chandra Kumar of the AP High Court on Monday closed two habeas corpus petitions filed on the disappearance of an SSC and senior Intermediate student of Swamy Narayana Gurukul International School and Junior College at Chevella.
Mr Jayaprakash Charya and Mr Dhanraj Chowdary, residents of Hyderabad city, filed the petition in the High Court complaining that their sons went missing since April 4 and 5, 2010.
They alleged that the authorities in institution brainwashed their children to become “sanyasis” (saints) and their children left the home in the same mood and went missing since then.
The bench while dealing with a lunch motion on Friday directed the Moinabad police to inquire into the matter, trace the children and produce them before it. Ms Mohana Reddy, assistant government pleader, while making a special mention before the bench this morning sought permission to produce the children.
She told the court that the children were permitted to go along with their parents after completing their courses on April 4 and 5. Their parents also took the gate pass and left with their children and they left from their homes and not from the institution. After hearing the facts, the bench came down heavily on the parents and reprimanded them for misrepresenting the facts and closed the case.
GO on special court for Satyam amended
The state government on Monday amended a GO issued for establishing a special court to try the multi-crore fraud in Satyam Computer Services Ltd.
The accused in the Satyam case raised objection over the language of the GO before the High Court contending that the government has no power to establish a court to exclusively try a particular case.
The government amended the GO by omitting a word in it “for trial of Satyam cases” and replaced it with "to try cases relating to scam in the Satyam Computer Services Ltd”.
Elsewhere the HC reserved its orders on a batch of writ petitions challenging the action of the government in permitting private schools to hike fees.
Hyderabad, April 12: The Andhra Pradesh High Court on Monday issued notice to Maytas Properties Ltd seeking its reply on winding up a petition filed by a private employee couple.
Mr Krishna Kilaru and his wife Ms Sreelatha Kilaru, residents of Saleemnagar in Hyderabad, filed the petition stating that the company was unable to pay its debts and that it had failed to pay them their legitimate dues.
The petitioners told the court the company promised to construct and deliver a flat in an apartment complex called "Hill County" located at Bachupally village of Qutubullapur mandal in Ranga Reddy district, on the 8th floor, unit no. 385 through an agreement of sale dated February 6, 2008.
They said that they paid Rs 42,69,173 but the company failed to construct and deliver the flat due to which they cancelled the agreement on February 1, 2009. The company agreed through a letter to return the money within 180 days, but till date it had not paid the amount.
The petitioner submitted to the court that the company had committed a fundamental breach of contractual obligations by diverting funds meant for construction of apartments. They contended that the company had become commercially insolvent. They urged the court to appoint an official liquidator and restrain the creditors of the company from disposing off properties of the company. The case was posted to June 6.
Plea to follow MHA guidelines, stop riots
A public interest litigation was filed in the AP High Court on Monday seeking a direction to implement guidelines of the ministry of home affairs which were issued to prevent communal riots and relief and rehabilitation of the riot victims. Mr Wasim Ahmad Khan, an advocate, filed the petition stating that the Union home ministry issued guidelines in 1997 based on recommendations of various committees after the outbreak of various communal riots in the country.
PIL seeks judges to declare assets
A writ petition was filed in the Andhra Pradesh High Court on Monday seeking a direction to declare the action of the Chief Justice and Judges of the High Court in not declaring their assets as illegal.
Mr T. Kumar Babu, a practising advocate, filed the petition urging the court to call for the statements of assets of the judges. He contended that non-declaration of assets was violative of Article 21 of the Constitution. He argued
“Democracy cannot exist without justice. Justice cannot exist without the judges who are above suspicion. Judges who do not declare their assets can not be considered as judges above suspicion.” The petitioner told the court that the Kerala
High Court was the first to declare the assets of its judges on September 30, 2009 and it was followed by the Supreme Court, the Madras High Court and the Delhi High Court.
Petition on missing kids dismissed
A division bench comprising Justice D.S.R. Varma and Justice G. Chandra Kumar of the AP High Court on Monday closed two habeas corpus petitions filed on the disappearance of an SSC and senior Intermediate student of Swamy Narayana Gurukul International School and Junior College at Chevella.
Mr Jayaprakash Charya and Mr Dhanraj Chowdary, residents of Hyderabad city, filed the petition in the High Court complaining that their sons went missing since April 4 and 5, 2010.
They alleged that the authorities in institution brainwashed their children to become “sanyasis” (saints) and their children left the home in the same mood and went missing since then.
The bench while dealing with a lunch motion on Friday directed the Moinabad police to inquire into the matter, trace the children and produce them before it. Ms Mohana Reddy, assistant government pleader, while making a special mention before the bench this morning sought permission to produce the children.
She told the court that the children were permitted to go along with their parents after completing their courses on April 4 and 5. Their parents also took the gate pass and left with their children and they left from their homes and not from the institution. After hearing the facts, the bench came down heavily on the parents and reprimanded them for misrepresenting the facts and closed the case.
GO on special court for Satyam amended
The state government on Monday amended a GO issued for establishing a special court to try the multi-crore fraud in Satyam Computer Services Ltd.
The accused in the Satyam case raised objection over the language of the GO before the High Court contending that the government has no power to establish a court to exclusively try a particular case.
The government amended the GO by omitting a word in it “for trial of Satyam cases” and replaced it with "to try cases relating to scam in the Satyam Computer Services Ltd”.
Elsewhere the HC reserved its orders on a batch of writ petitions challenging the action of the government in permitting private schools to hike fees.
Saturday, April 10, 2010
Advocate gets life sentence for killing wife over dowry
By S A Ishaqui
Hyderabad, April 9: A division bench comprising Justice D.S.R. Varma and Justice Raja Elango of the AP High Court on Friday confirmed the life sentence on K. Govinda Raju, an advocate of East Godavari district, for killing his wife for more dowry.
The V Additional Sessions Judge (Fast Track Court), Rajahmundry, on June 26, 2006 sentenced the advocate to life imprisonment under Section 498 (A)and Section 302 of the IPC after he was proved guilty of killing of his wife. He challenged the sentence saying he was innocent and was not connected with the offence.
According to the prosecution, the advocate killed his wife, Ganga Bhavani, on February 27, 1999 and tried to hush up the crime with the help of his brothers. The advocate gave a letter to his mother-in-law stating that the property which he got from his wife during the marriage would be transferred to his children. Later, he cremated the body with the help of his brothers.
Exclude RR lands in catchment areas
The state government has appealed to the AP High Court to allow it to exclude the lands of Vattinagulapally village in Ranga Reddy district from the catchment area of the Osmansagar and Himayatsagar lakes and also permit it to modify the GO MS No 111 dated August 3, 1996.
The government filed an additional affidavit seeking an interim order for exclusion of the lands.
State told to appoint member to SHRC
A division bench comprising Justice N. V. Ramana and Justice Noushad Ali of the AP High Court, on Friday, directed the state government to appoint a non-judicial member to the AP State Human Rights Commission within two weeks.
The bench was dealing with a petition filed by the state government questioning an order passed by the Lok Ayukta. The Lok Ayukta had passed an order to appoint the third member to the SHRC while dealing with a petition filed by the Viswa Syamalam Samajik Seva Samastha.
Writ filed to declare GHMC action illegal
A writ petition was filed in the High Court on Friday seeking a direction to declare the action of the Greater Hyderabad Municipal Corporation in leasing out vacant lands meant for parks and playgrounds, as illegal.
Hyderabad, April 9: A division bench comprising Justice D.S.R. Varma and Justice Raja Elango of the AP High Court on Friday confirmed the life sentence on K. Govinda Raju, an advocate of East Godavari district, for killing his wife for more dowry.
The V Additional Sessions Judge (Fast Track Court), Rajahmundry, on June 26, 2006 sentenced the advocate to life imprisonment under Section 498 (A)and Section 302 of the IPC after he was proved guilty of killing of his wife. He challenged the sentence saying he was innocent and was not connected with the offence.
According to the prosecution, the advocate killed his wife, Ganga Bhavani, on February 27, 1999 and tried to hush up the crime with the help of his brothers. The advocate gave a letter to his mother-in-law stating that the property which he got from his wife during the marriage would be transferred to his children. Later, he cremated the body with the help of his brothers.
Exclude RR lands in catchment areas
The state government has appealed to the AP High Court to allow it to exclude the lands of Vattinagulapally village in Ranga Reddy district from the catchment area of the Osmansagar and Himayatsagar lakes and also permit it to modify the GO MS No 111 dated August 3, 1996.
The government filed an additional affidavit seeking an interim order for exclusion of the lands.
State told to appoint member to SHRC
A division bench comprising Justice N. V. Ramana and Justice Noushad Ali of the AP High Court, on Friday, directed the state government to appoint a non-judicial member to the AP State Human Rights Commission within two weeks.
The bench was dealing with a petition filed by the state government questioning an order passed by the Lok Ayukta. The Lok Ayukta had passed an order to appoint the third member to the SHRC while dealing with a petition filed by the Viswa Syamalam Samajik Seva Samastha.
Writ filed to declare GHMC action illegal
A writ petition was filed in the High Court on Friday seeking a direction to declare the action of the Greater Hyderabad Municipal Corporation in leasing out vacant lands meant for parks and playgrounds, as illegal.
Wednesday, April 7, 2010
AP High Court asks state to take action against errant colleges
By S A Ishaqui
Hyderabad, April 6: The Andhra Pradesh High Court on Tuesday directed the state government and the AP state council of higher education to initiate action against errant colleges that are flouting admission rules and playing with the careers of students.
Justice C.V. Nagarjuna Reddy, while dismissing a batch of writ petitions filed by several students, found fault with the attitude of colleges.
The petitioners had urged the court to declare the action of the Higher education council in not approving their admissions as illegal and sought direction to approve their admissions and permit them to complete their engineering and MBA courses.
The judge further said, by feigning ignorance the students cannot invoke sympathy of the court. “When admittedly, the colleges have violated the statutory provision in admitting them, the court cannot grant relief to them on misplaced sympathies and misconceived equities.”
Justice Reddy observed that “these observations reflect the state of affairs of the educational institutions. Many of these appear to follow the rules more in breach by indiscriminately admitting students contrary to the rules and regulations in force.”
The judge pointed out “the sympathy, which was being extended by this court on a case to case basis depending upon the facts, is being misused by the colleges to make unlawful gains knowing well that their acts are contrary to the specific statutory provisions.”
Raju allowed to file detailed counter
The Special Court on Satyam case has allowed Mr B. Ramalinga Raju to file a detailed counter against the Central Bureau of Investigation’s (CBI) allegation of violating the court orders in meeting people at Nims while in judicial custody.
The defence counsel told the court that Rajus were facing 40 cases filed by various law-enforcing agencies in different countries. The defence argued that a 12-member panel of advocates were meeting him in the hospital.
CBI earlier alleged that the accused Ramalinga Raju met around 234 persons from December 12, 2009 to March 27, 2010 at Nims where he is undergoing treatment Hepatitis C.
Hyderabad, April 6: The Andhra Pradesh High Court on Tuesday directed the state government and the AP state council of higher education to initiate action against errant colleges that are flouting admission rules and playing with the careers of students.
Justice C.V. Nagarjuna Reddy, while dismissing a batch of writ petitions filed by several students, found fault with the attitude of colleges.
The petitioners had urged the court to declare the action of the Higher education council in not approving their admissions as illegal and sought direction to approve their admissions and permit them to complete their engineering and MBA courses.
The judge further said, by feigning ignorance the students cannot invoke sympathy of the court. “When admittedly, the colleges have violated the statutory provision in admitting them, the court cannot grant relief to them on misplaced sympathies and misconceived equities.”
Justice Reddy observed that “these observations reflect the state of affairs of the educational institutions. Many of these appear to follow the rules more in breach by indiscriminately admitting students contrary to the rules and regulations in force.”
The judge pointed out “the sympathy, which was being extended by this court on a case to case basis depending upon the facts, is being misused by the colleges to make unlawful gains knowing well that their acts are contrary to the specific statutory provisions.”
Raju allowed to file detailed counter
The Special Court on Satyam case has allowed Mr B. Ramalinga Raju to file a detailed counter against the Central Bureau of Investigation’s (CBI) allegation of violating the court orders in meeting people at Nims while in judicial custody.
The defence counsel told the court that Rajus were facing 40 cases filed by various law-enforcing agencies in different countries. The defence argued that a 12-member panel of advocates were meeting him in the hospital.
CBI earlier alleged that the accused Ramalinga Raju met around 234 persons from December 12, 2009 to March 27, 2010 at Nims where he is undergoing treatment Hepatitis C.
Friday, April 2, 2010
AP High Court tells cops not to go into BMW bank transactions
By S A Ishaqui
Hyderabad,April 1: The Andhra Pradesh High Court on Thursday directed the Hyderabad city police to desist from conducting a ‘roving’ inquiry into a cheating case registered against BMW India Pvt Ltd, an automobile major.
The City Central Crime Station authorities registered a case against the company for allegedly fudging retail sales figures and selling a defective car to a customer.
GVR Infra Projects Ltd, represented by its managing director Mr G. Pavan Kumar, lodged the case against BMW.
The BMW company filed a writ petition seeking a direction to declare the action of the police in issuing notice under Section 91 of CrPC and carrying out raids at the premises of its dealers at various places in India as illegal.
Mr C. Kodandaram, senior counsel, arguing on behalf of the BMW before Justice C.V. Nagarjuna Reddy, said that the police sought details of bank accounts and statement of bank transactions till September 25, 2009. He contended that the action of the police is beyond the scope of its investigation.
The judge asked the assistant government pleader for home department, Ms Rachana why the authorities sought details of bank transactions. She said the manner and method adopted to investigate a case depends on the discretion of the investigating official. She sought time to file her reply and urged the court to adjourn the matter.
However, Mr Kodandaram objected and argued that the actions of the investigating authorities at the behest of third parties showed they were intended solely to tarnish the image of the company in India. The judge instructed the police to probe into the ingredients of the complaint only and adjourned the case for two weeks.
Hyderabad,April 1: The Andhra Pradesh High Court on Thursday directed the Hyderabad city police to desist from conducting a ‘roving’ inquiry into a cheating case registered against BMW India Pvt Ltd, an automobile major.
The City Central Crime Station authorities registered a case against the company for allegedly fudging retail sales figures and selling a defective car to a customer.
GVR Infra Projects Ltd, represented by its managing director Mr G. Pavan Kumar, lodged the case against BMW.
The BMW company filed a writ petition seeking a direction to declare the action of the police in issuing notice under Section 91 of CrPC and carrying out raids at the premises of its dealers at various places in India as illegal.
Mr C. Kodandaram, senior counsel, arguing on behalf of the BMW before Justice C.V. Nagarjuna Reddy, said that the police sought details of bank accounts and statement of bank transactions till September 25, 2009. He contended that the action of the police is beyond the scope of its investigation.
The judge asked the assistant government pleader for home department, Ms Rachana why the authorities sought details of bank transactions. She said the manner and method adopted to investigate a case depends on the discretion of the investigating official. She sought time to file her reply and urged the court to adjourn the matter.
However, Mr Kodandaram objected and argued that the actions of the investigating authorities at the behest of third parties showed they were intended solely to tarnish the image of the company in India. The judge instructed the police to probe into the ingredients of the complaint only and adjourned the case for two weeks.
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