Tuesday, January 31, 2012

Andhra Pradesh High Court seeks report from TTD on sexual abuse

By S A Ishaqui

Hyderabad, Jan 30 : The Andhra Pradesh High Court on Monday directed the Tirumala Tirupati Devasthanams to submit a report on measures being taken to check acts of ragging and sexual abuse at Veda Patashala run by it at Tirupati.

A division bench comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar was dealing with a case of alleged sexual abuse on a student of the Patashala by his seniors three years ago. The bench directed the superintendent of the Institute of Mental Heath, Erragada to examine the adolescent boy and submit a report on his condition.

The court took up the case after Ranga Reddy district child welfare committee chairperson V. Padmavathi wrote to the Chief Justice stating that the boy, who joined the Veda Patashala in 2008, was sexually abused by his seniors when was 11- years- old. The TTD had paid `4 lakh as compensation to the boy after the incident came to light. Ms Padmavathi said that the boy became mentally unsound after the incident and he is under going treatment at a private hospital. She added that the boy has not yet recovered and the TTD is obliged to make some permanent arrangements for the traumatised boy. Ms Padmavathi also urged the court to punish the culprits.
The counsel for the TTD said that TTD was not averse to help the boy but felt that this must be based upon some rational criteria. Asking the TTD to submit its proposals regarding relief to the boy, the bench appointed advocate P. Naveen Rao to argue on behalf of the boy and posted hearing to Feb. 13.

Saturday, January 21, 2012

Andhra Pradesh High Court gives AP a power punch

By S A Ishaqui

Hyderabad, Jan 21 : In a judgement that will have far-reaching consequences, the AP High Court on Friday held that the AP Electricity Regulatory Commission could not entertain applications from the power distribution companies (Discoms) to determine Fuel Surcharge Adjustment beyond the time stipulated for the recovery. While allowing a batch of writ appeals filed by High-Tension power consumers, a division bench comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar ruled that the claims of the Discoms to recover FAS from HT consumers for the year 2008-09 are time-barred.

This verdict will be welcomed by domestic consumers as the Discoms shocked them with their decision on Tuesday, by deciding to recover fuel surcharge for the financial years 2008-09 and 2009- 2010. APERC, the regulatory body, had allowed the Discoms to do so, even though they had filed their applications after the stipulated time of 30 days for every quarter in a year. However, the state government said it was prepared to bear the cost of FSA for domestic consumers for the year 2008-09, but not for 2009-10.

The High Court observed that being an independent body, APERC must balance the interests of consumers with that of Discoms, and recover the costs in a reasonable manner. The commission cannot favour one side as it has chosen to do in the present case, the court observed. The bench made it clear that the commission has no power to extend the time period stipulated in the amended Regulation 45-B (4) of the Business Regulations for recovery of the surcharge. A single judge had earlier found that the commission has the power to extend the time period if it has sufficient reason to do so. But the present bench refuted this finding, and said that the amended Regulation makes it explicit that failure to abide by the time stipulation enjoins forfeiture of future claims by Discoms in that regard.

The Nizam Charitable Trust arbitrator

By S A Ishaqui

Hyderabad,Jan 21 : The Nizam Charitable Trust has approached the AP High Court seeking the appointment of an arbitrator to settle the dispute between the trust and the state government. A trustee of the Nizam Charitable Trust alleged that there have been large-scale violations in the management of Nizam's Institute of Medical Sciences like the leasing out of lands to various bodies including the AP Centre for Emergency Medicare (APCEM).

It was contended that the land housing Nims was leased to the government for 99- years on certain terms and conditions. The Trust contended that there have been large-scale violations including the failure to give priority to the poor for medical care. The petitioner also maintained that despite repeated attempts, the government had failed to agree on the appointment of an arbitrator.

When the petition come up for hearing before Chief Justice Madan B. Lokur, the government contended that there was no need for an arbitrator as there was no dispute between them. The CJ adjourned the case for four weeks.

APIIC losing focus, says high court

By S A Ishaqui
Hyderabad, Jan 21 :

Justice L. Narasimha Reddy of the AP High Court on Friday expressed displeasure on the approach of the Andhra Pradesh Industrial Infrastructure Corporation in losing focus of its original intent of encouraging industries and alienating lands that were acquired from farmers for a public purpose to a golf course. The judge was dealing with a petition by one A.L. Sadanand seeking a direction to return of his 14 acres of land that were acquired by the government in the name of public purpose. The petitioner told the court that a portion of his land was allotted to establish an electricity sub-station and the remaining land was alienated for a golf course.

Referring to the recent CBI enquiry ordered by the High Court into illegalities pertaining to the Emaar Properties, the judge observed that the APIIC has completely lost it original focus of intent to encourage industries. The judge stayed the construction of the sub station.

Thursday, January 5, 2012

Filmmaker Prakash Jha seeks damages

By S A Ishaqui

Hyderabad, Jan 5 : Noted Hindi Filmmaker Prakash Jha moved the AP High Court seeking damages from the government for illegally imposing a temporary ban on his film Aarakshan. The 2011 Hindi film starring Amitabh Bachchan, Saif Ali Khan and Deepika Padukone, was based on the controversial policy of caste based reservations in government jobs and educational institutions.

The film was released on August 12, 2011. But the state government banned the release of the movie initially and withdrew it later. Mr Jha contended that the delayed release harmed the finances of the film and he was entitled for damages. Justice Noushad Ali adjourned hearing to after Sankranti vacation.

Andhra Pradesh High Court refuses to direct probe

By S A Ishaqui

Hyderabad, Jan 5 : Justice Raja Elango of the AP High Court on Wednesday made it clear that the court cannot dictate terms to any investigation agency as to how and where it should probe a case. The judge was hearing a plea by Mr V. Vijay Sai Reddy, vice-chairman of Jagati Publications and an accused in the assets case of Kadapa MP Y.S. Jagan Mohan Reddy. Mr Vijay Sai Reddy approached the High Court after the special court refused his plea to restrict the CBI to confine its probe pertaining to business transactions from 2004 to 2009 and not to look into transactions prior to 2004.

Mr Sushil Kumar, senior counsel from Su-preme Court appearing on behalf of Vijay Sai Reddy said the CBI which was acting on the directions of the HC had jumped the gun and was conducting a probe beyond the scope of the direction given by the court. Mr P. Kesava Rao, CBI counsel, urged the court to adjourn the case to Friday to submit a counter affidavit. The arguments will continue on Thursday