By S A Ishaqui
Hyderabad, May 14: Justice Samudrala Govindarajulu of the AP High Court has expressed apprehensions on the misuse of Section 145 of the CrPc by the police.
While delivering his verdict in an issue of registering the FIR under Section 145 CrPc, the judge observed that it was uncommon in the law.
The relevant section prescribes a procedure to be followed where a dispute concerning immovable property or water is likely to cause breach of peace.
The judge said, “there is every possibility of misuse of power by an unscrupulous police officer in case a crime is registered under Section 145 CrPc and it is kept pending in the records maintained in the police station, by way of forcing persons to come to the police station and harassing them in the police station for extracting any pecuniary or offer benefits.”
He said, “this court is of the view that even though provisions of CrPc do not contemplate registration of a crime and issuing of FIR by a police officer in proceedings relating to the section, giving FIR after registering a crime in such cases is not only out-side the realm of law and would likely to lead to abuse of power by certain unscrupulous police officers.”
Justice Govindarajulu was dealing with a petition filed against the action of the Kurnool II town inspector, Mr. P Srinivas, in registering a crime under the Section. The judge summoned the official, who admitted that by mistake FIR was issued under Section 145 and that it is a bonafide mistake.
The judge said if it was a mistake, it would be a question of fact whether the mistake was a bonafide one or a malafide one tainted with oblique motive.
Saturday, May 15, 2010
Sunday, May 9, 2010
By S A Ishaqui
Hyderabad, April
The Andhra Pradesh High Court on Monday directed the police here to return Pakistani cricketer Shoaib Malik's passport, which was seized earlier this month in connection with a cheating case filed by his first wife Ayesha Siddiqui.
Justice C.V. Nagarjuna Reddy, who had reserved his order Friday after hearing the arguments of Shoaib's counsel, Monday pronounced his order directing the police to return his passport.
Shoaib, who married Indian tennis star Sania Mirza last week on Monday, had last week filed the petition as his passport remained with the police despite Ayesha withdrawing her complaint after he divorced her.
Shoaib's counsel had told the court that the issue between him and Ayesha was resolved amicably and she withdrew her complaint and hence there was no reason for the police to retain his passport.
The court order cleared the way for Shoaib to return to Pakistan along with his bride for a reception expected to be held in Lahore later this week.
The court order came a day after the Central Crime Station (CCS) of Hyderabad police closed the case against Shoaib Malik on a request by Ayesha.
Shoaib's passport was seized by police April 5 after he was questioned in connection with the case filed by Ayesha. The Pakistani cricketer moved the High Court after police said it might take a week for him to get back his passport as he would have to complete some legal formalities.
A police official had said that Shoaib and Ayesha may have to appear before a lower court. The cricketer approached the high court through his counsel to avoid appearing before a lower court.
The former Pakistani skipper has been staying at Sania Mirza's house ever since he landed here April 2.
Shoaib divorced Ayesha April 7, three days after she lodged a complaint with the police for denying the marriage, which took place over phone in 2002.
Hyderabad, April
The Andhra Pradesh High Court on Monday directed the police here to return Pakistani cricketer Shoaib Malik's passport, which was seized earlier this month in connection with a cheating case filed by his first wife Ayesha Siddiqui.
Justice C.V. Nagarjuna Reddy, who had reserved his order Friday after hearing the arguments of Shoaib's counsel, Monday pronounced his order directing the police to return his passport.
Shoaib, who married Indian tennis star Sania Mirza last week on Monday, had last week filed the petition as his passport remained with the police despite Ayesha withdrawing her complaint after he divorced her.
Shoaib's counsel had told the court that the issue between him and Ayesha was resolved amicably and she withdrew her complaint and hence there was no reason for the police to retain his passport.
The court order cleared the way for Shoaib to return to Pakistan along with his bride for a reception expected to be held in Lahore later this week.
The court order came a day after the Central Crime Station (CCS) of Hyderabad police closed the case against Shoaib Malik on a request by Ayesha.
Shoaib's passport was seized by police April 5 after he was questioned in connection with the case filed by Ayesha. The Pakistani cricketer moved the High Court after police said it might take a week for him to get back his passport as he would have to complete some legal formalities.
A police official had said that Shoaib and Ayesha may have to appear before a lower court. The cricketer approached the high court through his counsel to avoid appearing before a lower court.
The former Pakistani skipper has been staying at Sania Mirza's house ever since he landed here April 2.
Shoaib divorced Ayesha April 7, three days after she lodged a complaint with the police for denying the marriage, which took place over phone in 2002.
Saturday, May 8, 2010
HC: Only wilful possession attracts Land Grabbing Act
By S A Ishaqui
Hyderabad, May 7: A division bench of the AP High Court has made it clear that the provisions of the Land Grabbing Act apply only when a person willfully and deliberately takes possession of a stretch of land.
The bench comprising Justice A. Gopal Reddy and Justice G.V. Seethapathy, while setting aside an order passed by the Special Court under the Land Grabbing (Prohibition) Act, Hyderabad, said “the land grabber must be aware of the fact that he is entering into the possession illegally and without any lawful entitlement.” While allowing a writ petition filed by the Turbo Machinery, G.T. Industries Ltd, represented by its managing director, Mr. T. Subbarayudu, the bench reiterated the Apex Court’s findings that “mere fact of not being lawfully entitled to enter into possession by itself would not lead to inference of land grabbing unless possession is illegally taken with that view in mind. It is a necessary ingredient of land grabbing.”
The bench, in its verdict, observed the Apex Court’s observation that “unless the allegations made in the application satisfy and attract the ingredients of “land grabber” and “land grabbing” as provided under Section 2 (d) and (e) of the A.P. Land Grabbing (Prohibition) Act, 1982, mere repetition of words “land grabbing” would not be enough for taking cognisance of a case”.
The bench, while interpreting Section 10 of the Act, observed that the initial burden was on the owners of the land and prima-facie have to prove that the land alleged to have been grabbed belongs to them.
Hyderabad, May 7: A division bench of the AP High Court has made it clear that the provisions of the Land Grabbing Act apply only when a person willfully and deliberately takes possession of a stretch of land.
The bench comprising Justice A. Gopal Reddy and Justice G.V. Seethapathy, while setting aside an order passed by the Special Court under the Land Grabbing (Prohibition) Act, Hyderabad, said “the land grabber must be aware of the fact that he is entering into the possession illegally and without any lawful entitlement.” While allowing a writ petition filed by the Turbo Machinery, G.T. Industries Ltd, represented by its managing director, Mr. T. Subbarayudu, the bench reiterated the Apex Court’s findings that “mere fact of not being lawfully entitled to enter into possession by itself would not lead to inference of land grabbing unless possession is illegally taken with that view in mind. It is a necessary ingredient of land grabbing.”
The bench, in its verdict, observed the Apex Court’s observation that “unless the allegations made in the application satisfy and attract the ingredients of “land grabber” and “land grabbing” as provided under Section 2 (d) and (e) of the A.P. Land Grabbing (Prohibition) Act, 1982, mere repetition of words “land grabbing” would not be enough for taking cognisance of a case”.
The bench, while interpreting Section 10 of the Act, observed that the initial burden was on the owners of the land and prima-facie have to prove that the land alleged to have been grabbed belongs to them.
Thursday, May 6, 2010
TTD gold-plating may harm inscriptions: ASI
By S A Ishaqui
Hyderabad, May 5: The Archaeological Survey of India on Wednesday told the AP High Court that the proposed gold-plating of walls of the sanctum sanctorum of Lord Venkateswara temple at Tirumala would damage the inscriptions on it which are worth preserving for posterity.
Mr K. Veerabhadra Rao, superintending archaeologist of ASI, submitted an affidavit following a direction of the court stating that the covering of walls with copper plates on the outer surface may encourage formation of moss and lichen producing acids which will cause irreparable damage.
He said there may be no possibility of cleaning the surface.
The long term effect of all this will be assessed by the director (science), Dehradun, and the officer is being approached to furnish his report of analysis regarding quantum of threat on the stone inscriptions if copper plates are fixed on them.
The special bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao perused the affidavit on Wednesday, the third of hearing of petitions filed against the project. Justice R. Kantha Rao wanted to know what prompted the TTD to take up this project and is there any precedent of covering the temple walls with gold. Mr P. Sri Raghu Ram, counsel who appeared for the petitioner, Dr Soundarrajan, wondered why did the TTD not consult the Dharmic Parishad constituted under the provisions of the Endowments Act.
He said that usually the deity is covered with gold ornaments, but there was no precedent of ancient temples being covered with gold. He argued that TTD cannot don the role of Krishnadevaraya who had consulted everyone before taking up various works in the temple.
He contended that this was non-secular activity and unless the religious denomination approves, the TTD cannot go ahead with such a project.
Mr Ramesh Babu, another advocate, brought to the notice of the court the circular issued by the endowments department in 1977 regarding the saving of epigraphs on temples in the state. Even white washing and painting was prohibited.
The arguments will continue on Thursday.
Hyderabad, May 5: The Archaeological Survey of India on Wednesday told the AP High Court that the proposed gold-plating of walls of the sanctum sanctorum of Lord Venkateswara temple at Tirumala would damage the inscriptions on it which are worth preserving for posterity.
Mr K. Veerabhadra Rao, superintending archaeologist of ASI, submitted an affidavit following a direction of the court stating that the covering of walls with copper plates on the outer surface may encourage formation of moss and lichen producing acids which will cause irreparable damage.
He said there may be no possibility of cleaning the surface.
The long term effect of all this will be assessed by the director (science), Dehradun, and the officer is being approached to furnish his report of analysis regarding quantum of threat on the stone inscriptions if copper plates are fixed on them.
The special bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao perused the affidavit on Wednesday, the third of hearing of petitions filed against the project. Justice R. Kantha Rao wanted to know what prompted the TTD to take up this project and is there any precedent of covering the temple walls with gold. Mr P. Sri Raghu Ram, counsel who appeared for the petitioner, Dr Soundarrajan, wondered why did the TTD not consult the Dharmic Parishad constituted under the provisions of the Endowments Act.
He said that usually the deity is covered with gold ornaments, but there was no precedent of ancient temples being covered with gold. He argued that TTD cannot don the role of Krishnadevaraya who had consulted everyone before taking up various works in the temple.
He contended that this was non-secular activity and unless the religious denomination approves, the TTD cannot go ahead with such a project.
Mr Ramesh Babu, another advocate, brought to the notice of the court the circular issued by the endowments department in 1977 regarding the saving of epigraphs on temples in the state. Even white washing and painting was prohibited.
The arguments will continue on Thursday.
Supreme ruling : Narco test unconstitutional
By S A Ishaqui
Hyderabad, May 5: A full bench of the Supreme Court comprising Chief Justice K G Balakrishnan , Justice R V Raveendran and Justice J M Panchal on Wednesday held that forcing someone to go through brain-mapping, narco-analysis or lie detector tests was unconstitutional .
The bench observed that "it is an unwarranted intrusion on the individual's rights."
The verdict is a serious setback for the Central Bureau of Investigation (CBI) which argued that these tests are neither allowed nor submitted as primary evidence, are non-invasive, and are critical in providing leads in tough-to-prove cases of terror and murder.
During narco-analysis, the subject is drugged into a semi-unconscious state; then questions are asked and responses recorded on camera.
The court, however, held that Article 20 (3) of the India Constitution that states "no person accused of any offence shall be compelled to be a witness against himself."
If a person volunteers to go through narco-analysis or brain-mapping, the findings cannot be used without other supporting evidence, said the court. Also, while conducting these tests, investigating agencies have to follow the guidelines of the National Human Rights Commission (NHRC).
The case against these forms of interrogation and investigation was moved, among others, by Santokben Sharmanbhai Jadeja, a woman accused of leading an underworld gang in Gujarat, and K Venakteswara Rao, accused in Krushi Bank fraud in Andhat Prades.
The Delhi High Court had also recently restrained the police from going ahead with narco-analysis for arrested Naxal leader Kobad Ghandy till the Supreme Court gave its ruling.
Two judges of the AP High Court were also gave a split verdict on the issue in the case B Ramalinga Raju former chairman of Satyam Computers and his associates.
The Supreme Court's verdict could seriously impact the defense in some high-profile cases, like the Saytam scam.
Full verdict of the Supreme Court and verdict of the AP High Court enclosed herewith.
Hyderabad, May 5: A full bench of the Supreme Court comprising Chief Justice K G Balakrishnan , Justice R V Raveendran and Justice J M Panchal on Wednesday held that forcing someone to go through brain-mapping, narco-analysis or lie detector tests was unconstitutional .
The bench observed that "it is an unwarranted intrusion on the individual's rights."
The verdict is a serious setback for the Central Bureau of Investigation (CBI) which argued that these tests are neither allowed nor submitted as primary evidence, are non-invasive, and are critical in providing leads in tough-to-prove cases of terror and murder.
During narco-analysis, the subject is drugged into a semi-unconscious state; then questions are asked and responses recorded on camera.
The court, however, held that Article 20 (3) of the India Constitution that states "no person accused of any offence shall be compelled to be a witness against himself."
If a person volunteers to go through narco-analysis or brain-mapping, the findings cannot be used without other supporting evidence, said the court. Also, while conducting these tests, investigating agencies have to follow the guidelines of the National Human Rights Commission (NHRC).
The case against these forms of interrogation and investigation was moved, among others, by Santokben Sharmanbhai Jadeja, a woman accused of leading an underworld gang in Gujarat, and K Venakteswara Rao, accused in Krushi Bank fraud in Andhat Prades.
The Delhi High Court had also recently restrained the police from going ahead with narco-analysis for arrested Naxal leader Kobad Ghandy till the Supreme Court gave its ruling.
Two judges of the AP High Court were also gave a split verdict on the issue in the case B Ramalinga Raju former chairman of Satyam Computers and his associates.
The Supreme Court's verdict could seriously impact the defense in some high-profile cases, like the Saytam scam.
Full verdict of the Supreme Court and verdict of the AP High Court enclosed herewith.
Wednesday, May 5, 2010
Gold plating can’t be entrusted to TTD, contends petitioner
By S A Ishaqui
Hyderabad, May 4: A petitioner who is against gold plating the Tirumala temple expressed fears that the ancient cultural structure of the temple will be damaged due to the project and contended that the TTD Trust Board had no power to tamper with the abode of God.
A two-member special bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao of the Andhra Pradesh High Court continued its hearing on the controversial gold plating project for the second consecutive day on Tuesday.
Mr M.S. Ramachandra Rao, the counsel for Mr Raghava Reddy of Devalayala Parirakhana Samiti, while concluding the arguments said the action of the TTD is an intrusion into religion matters. He said the TTD cannot be trusted with handling a sensitive religious issue like gold plating the inner temple.
He contended that the citizens had an inherent right to seek a direction to see that the rich cultural heritage of the temple is preserved according to Article 21 of the Constitution. He urged the court to invoke parens patriae (inherent jurisdiction of the courts to make decisions concerning people who are not able to take care of themselves) jurisdiction of the court apart from Article 226 of the Constitution to protect the temple.
He said the TTD had no power to intervene in religious affairs and added that it can only look after administrative affairs and matters of the temple.
Referring to the contention of the state that the Lord Venkateswara temple at Tirumala was not notified under Section 4 of the Ancient Monuments and Archaeological Remains Act, 1958, Mr Rao cited an order of the Supreme Court with regard to the Vice Regal Lodge case in Shimla.
He said the apex court had ordered the conservation and protection of Vice Regal Lodge when the Centre wanted to tamper with the structure though the building was not formally notified under any statute.
He also cited the International UNESCO conventions which mandate the preservation of ancient heritage structures for future generations. He told the court that India is a signatory to this convention and the governments are duty bound not tamper with the ancient structures and inscriptions.
Hyderabad, May 4: A petitioner who is against gold plating the Tirumala temple expressed fears that the ancient cultural structure of the temple will be damaged due to the project and contended that the TTD Trust Board had no power to tamper with the abode of God.
A two-member special bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao of the Andhra Pradesh High Court continued its hearing on the controversial gold plating project for the second consecutive day on Tuesday.
Mr M.S. Ramachandra Rao, the counsel for Mr Raghava Reddy of Devalayala Parirakhana Samiti, while concluding the arguments said the action of the TTD is an intrusion into religion matters. He said the TTD cannot be trusted with handling a sensitive religious issue like gold plating the inner temple.
He contended that the citizens had an inherent right to seek a direction to see that the rich cultural heritage of the temple is preserved according to Article 21 of the Constitution. He urged the court to invoke parens patriae (inherent jurisdiction of the courts to make decisions concerning people who are not able to take care of themselves) jurisdiction of the court apart from Article 226 of the Constitution to protect the temple.
He said the TTD had no power to intervene in religious affairs and added that it can only look after administrative affairs and matters of the temple.
Referring to the contention of the state that the Lord Venkateswara temple at Tirumala was not notified under Section 4 of the Ancient Monuments and Archaeological Remains Act, 1958, Mr Rao cited an order of the Supreme Court with regard to the Vice Regal Lodge case in Shimla.
He said the apex court had ordered the conservation and protection of Vice Regal Lodge when the Centre wanted to tamper with the structure though the building was not formally notified under any statute.
He also cited the International UNESCO conventions which mandate the preservation of ancient heritage structures for future generations. He told the court that India is a signatory to this convention and the governments are duty bound not tamper with the ancient structures and inscriptions.
Tuesday, May 4, 2010
AP HIgh Court refuses to vacate stay on TTD gold plating plan
By S A Ishaqui
Hyderabad, May 3: The AP High Court on Monday refused to allow the TTD to accept contributions from the public for gold plating the walls of the sanctum sanctorum of the Lord Venkateswara temple at Tirumala under the Ananda Vimana Swarnamayam project.
An exclusive bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao, which commenced hearing on petitions filed against the project, refused to give interim relief to the TTD. The bench will continue the hearing every day in the morning session.
Mr M.S. Ramachandra Rao, arguing on behalf of the petitioner, Mr G. Raghava Reddy of Devalayala Parirakshana Samiti, contended that the respondents cannot be permitted to treat the walls of the prakaram and the deity separately by covering the prakaram with gold plates and preventing the inscriptions from being read.
Mr Rao said the sanctum sanctorum of the temple is considered to be sacrosanct by millions of devotees. He said it was the fundamental right of the devotees who go round the temple to have access to the inscriptions on the prakarams.
He submitted that digitising the inscriptions and placing them in a museum would not amount to conservation or preservation.
Mr Rao said the TTD project was in fact not meant to cover the temple with gold — it was copper plating of the temple with a veneer of gold on these copper plates.
Counsel said the respondents wished to drive nails into the walls of the sanctum sanctorum by making more than 10,000 holes to support the weight of the gold-coated copper plates.
He said about 200 kg of gold would be used to coat about 1,400 kg of copper plates by a process of electrolysis.
Their weight would have an adverse impact on the structure of the temple.
Mr A. Sudersan Reddy, additional advocate-general, appearing for the TTD and Mr D. Prakash Reddy, senior counsel, appearing on behalf of Mr D.K. Adikesavulu Naidu, TTD chairman, urged the court to vacate the interim stay and hear the case after the vacations. Mr Sudersan Reddy said devotees had stopped offering donations to the project due to the stay.
Mr Ramachandra Rao objected to the plea and stated that the balance of convenience lies in continuing the interim order and not in vacating it.
Hyderabad, May 3: The AP High Court on Monday refused to allow the TTD to accept contributions from the public for gold plating the walls of the sanctum sanctorum of the Lord Venkateswara temple at Tirumala under the Ananda Vimana Swarnamayam project.
An exclusive bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao, which commenced hearing on petitions filed against the project, refused to give interim relief to the TTD. The bench will continue the hearing every day in the morning session.
Mr M.S. Ramachandra Rao, arguing on behalf of the petitioner, Mr G. Raghava Reddy of Devalayala Parirakshana Samiti, contended that the respondents cannot be permitted to treat the walls of the prakaram and the deity separately by covering the prakaram with gold plates and preventing the inscriptions from being read.
Mr Rao said the sanctum sanctorum of the temple is considered to be sacrosanct by millions of devotees. He said it was the fundamental right of the devotees who go round the temple to have access to the inscriptions on the prakarams.
He submitted that digitising the inscriptions and placing them in a museum would not amount to conservation or preservation.
Mr Rao said the TTD project was in fact not meant to cover the temple with gold — it was copper plating of the temple with a veneer of gold on these copper plates.
Counsel said the respondents wished to drive nails into the walls of the sanctum sanctorum by making more than 10,000 holes to support the weight of the gold-coated copper plates.
He said about 200 kg of gold would be used to coat about 1,400 kg of copper plates by a process of electrolysis.
Their weight would have an adverse impact on the structure of the temple.
Mr A. Sudersan Reddy, additional advocate-general, appearing for the TTD and Mr D. Prakash Reddy, senior counsel, appearing on behalf of Mr D.K. Adikesavulu Naidu, TTD chairman, urged the court to vacate the interim stay and hear the case after the vacations. Mr Sudersan Reddy said devotees had stopped offering donations to the project due to the stay.
Mr Ramachandra Rao objected to the plea and stated that the balance of convenience lies in continuing the interim order and not in vacating it.
Saturday, May 1, 2010
AP High Court directs BMW managing director not to leave country without furnishing surety
By S A Ishaqui
Hyderabad, April 30: The Andhra Pradesh High Court on Friday directed the managing director of the BMW India Pvt Ltd, Mr Peter Friedrich Kronschnabi, not to leave the country without furnishing security at a lower court in the Hyderabad city, as his presence was required in the investigation of a case pending against him.
Justice Samudrala Govindarajulu passed the interim direction by imposing conditions on Mr Kronschnabi while dealing with a petition filed by the BMW India Pvt Ltd which sought a direction to quash the criminal proceedings pending against it at the Hyderabad City’s Central Crime Station.
The CCS authorities registered a case against the company on alleged charges of fudging of retail sales figures and selling a defective car to a customer. GVR Infra Projects Ltd, represented by its managing director, Mr G Pavan Kumar, had lodged a police complaint against BMW.
The public prosecutor, Mr C Nageswara Rao, told the court that it has come to the notice of the investigation authorities that Mr Kronschnabi was transferred and he may leave the country at any moment and his presence is required to investigate the case.
The judge directed Mr Kronschnabi who is accused No. 2 in the case, to give a bank guarantee for Rs 3 lakh in favour of the II additional chief metropolitan magistrate court at Hyderabad and personal bonds of Rs 1 lakh each together with two sureties for the like some each to the satisfaction to the lower court before leaving the country.
Hyderabad, April 30: The Andhra Pradesh High Court on Friday directed the managing director of the BMW India Pvt Ltd, Mr Peter Friedrich Kronschnabi, not to leave the country without furnishing security at a lower court in the Hyderabad city, as his presence was required in the investigation of a case pending against him.
Justice Samudrala Govindarajulu passed the interim direction by imposing conditions on Mr Kronschnabi while dealing with a petition filed by the BMW India Pvt Ltd which sought a direction to quash the criminal proceedings pending against it at the Hyderabad City’s Central Crime Station.
The CCS authorities registered a case against the company on alleged charges of fudging of retail sales figures and selling a defective car to a customer. GVR Infra Projects Ltd, represented by its managing director, Mr G Pavan Kumar, had lodged a police complaint against BMW.
The public prosecutor, Mr C Nageswara Rao, told the court that it has come to the notice of the investigation authorities that Mr Kronschnabi was transferred and he may leave the country at any moment and his presence is required to investigate the case.
The judge directed Mr Kronschnabi who is accused No. 2 in the case, to give a bank guarantee for Rs 3 lakh in favour of the II additional chief metropolitan magistrate court at Hyderabad and personal bonds of Rs 1 lakh each together with two sureties for the like some each to the satisfaction to the lower court before leaving the country.
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