Gali, kin bail petition turned down in High Court

By S A Ishaqui

Hyderabad, June 21 :  The Andhra Pradesh High Court on Thursday refused to grant bail to Gali Janardhan Reddy, former Karnataka minister and his brother-in-law B.V. Srinivas Reddy in the illegal mining case of the Obulapuram Mining Company.

 

The duo are cooling their heels at the Chanchalguda Central Prison since September, 2011.  They were arrested by the CBI at Bellary in Karnataka in September, 2011 and brought to Hyderabad and the special CBI court remanded them to judicial custody. Janardhan Reddy and his brother-in-law moved the High Court after their bail applications were turned down by the CBI Court. 

 

Justice K.G. Shankar of the High Court heard the bail petitions and passed a common order by dismissing their bail plea. The judge pointed out that “bail applications are found to be devoid of merits and are dismissed”.

 

The CBI contended in court that the money involved in the mining case was a minimum of Rs 884 crore and that there was reasonable apprehension that the accused would tamper with evidence if they were released on bail. 

 

No appointments in panels irks HC

 

A Division Bench comprising Justice N.V. Ramana and Justice Vilas V. Afzulpurkar of the AP High Court on Thursday expressed dismay at the attitude of the state government in not making appointments to various commissions and tribunals and pointed out that this would severely affect the dispute redressal mechanism.

 

The Bench was dealing with a batch of petitions challenging the orders of the state commission for consumer redressal. The petitioners brought to the notice of the court that most of the orders passed was not headed by the chairman and a additional Bench cannot adjudicate the matter.

 

HC seeks threat perception

 

Justice Noushad Ali on Thursday granted a week’s time to the police to respond to a plea by former minister P. Ramachandra Reddy challenging the withdrawal of his security. He told the court that the government withdrew his gunmen without notice. The judge directed the authorities to examine the threat perception and to inform the court next week.

 

In the meanwhile, the judge directed to continue his security subject to the petitioner paying the cost.

High Court refers PIL on Jagan to Centre

By S A Ishaqui

Hyderabad, Jun 20 : The AP High Court dismissed on Wednesday a PIL to retain V.V. Lakshminarayana, CBI joint director, till completion of the ongoing probe into the illegal investments case of YSRC chief Y.S. Jagan Mohan Reddy. However, the court directed the Centre to file a counter affidavit in the other prayer in the PIL, seeking sanction for prosecution of some IAS officers allegedly involved in the case.

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini was dealing with the PIL by Kutumba Rao, a resident of Chittoor, seeking retention of the CBI joint director and seeking a direction to the Centre to sanction prosecution against officers involved in the case.

The bench asked P Kesava Rao, counsel for the CBI whether the ongoing probe would be hampered by the transfer of Lakshmi Narayana and also about the stage of investigation.

The counsel replied that Lakshmi Narayana, as CBI joint director, was only a supervisory officer in the case being investigated by a team of officers headed by a chief investigating officer of DIG rank. He clarified that the investigation would not be hampered as the chief investigating officer in the case was not transferred.

He told the court that any officer of a particular state cadre can continue for a maximum period of deputation in the Centre of only seven years. He said that Lakshminarayana was already relieved from charge and a new joint director had assumed charge in his place.

After the reply of the CBI counsel, the bench declared that the prayer in the petition for retention of the official had become infructuous. The petitioner urged the bench to consider his other prayer in his PIL and direct the Centre to sanction prosecution of IAS officers involved in the case.

PIL against KCR withdrawn

Y. Balaji Vadera, a practicing lawyer of the city on Wednesday, withdrew his PIL seeking a direction to the CBI to conduct a preliminary probe against TRS chief K. Chandrasekhar Rao and TRS MLA T.

Harish Rao based on the complaint lodged by suspended TRS party leader Raghunandan Rao alleging that Chandrasekhar Rao and Harish Rao had amassed wealth by extorting money from industrialists and businessmen by using the TRS as a decoy.

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini asked the petitioner to explain the basis for his plea. He replied that the complaint made by Raghunandan Rao is the basis and the CBI has been not acting on it.

The Chief Justice retorted, “It (High Court) is not a magisterial court to entertain such petitions. If you feel that the CBI is not registering the case, approach the CBI court and file a complaint seeking direction to CBI for registration of the case.” The bench said there were inconclusive details in the petition and asked the petitioner to approach the court with full information.

Daughter-in-law moves HC against Shankar Rao family

By S A Ishaqui

Hyderabad, June 19 : Vamsi Priya, daughter-in-law of Congress MLA Dr Shankar Rao, on Tuesday moved the AP High Court challenging inaction of the police in investigating the case lodged by her against her father-in-law and his family members for alleged harassment.

 

The petitioner told the court that she was happily married  to Shashank, son of the Congress MLA, until 2005. She alleged that life became miserable after  her husband’s sister, a divorcee, came to live with them from London. The petitioner submitted that her in-laws, disturbed by their daughter’s divorce,  vented their frustration  on her and  drove her out of the house.

 

She brought to the notice of the court that she lodged a complaint with the city Central Crime Station and a case registered by  the CCS Women’s police station against her in laws and one security guard, but the investigation was moving at  a snail’s pace due to the MLA’s influence.

 

She urged the court to direct the police to expedite  action against Shankar Rao and family members in accordance with the law and arrest  them in the crime registered by the police.

 

Chalo assembly: state defends denial of permit

 

State government infor-med the AP High Court on Tuesday that it had received authenticated information on Chalo Assembly rally, organi-sed by Telangana Advoc-ates Joint Action Commi-ttee on June 14, that it was going to be infiltrated by anti-social elements who planned to use the cover of agitators to indulge in large-scale violence and pose a grave threat to law and order.

 

While placing a counter affidavit pursuant to the direction of the court in a plea challenging the preventive arrests of agitators in view of the rally, government said it had received credible information that a large number of agitators, including sympathisers of CPI-Maoists and CPI-ML (New Democracy) were likely to sneak into the premises of the AP Legislative Assembly, endangering public representatives and state ministers.

 

A division bench comprising Justice K.C. Bhanu and Justice Challa Kodanda Ram was dealing with the PIL filed by the Telangana Advocates JAC.

 

Home department’s counsel K. Janakiram Reddy defended the police action in not permitting the rally. He said the Maoists had given a call to convert the programme into a militant struggle. The state will file an additional affidavit with regard to arrests and incidents, if any, in Telangana region on the day of the rally.   

 

Upon a request from petitioner’s counsel, the court granted a week’s time for him to reply. 

AP High Court notice to municipal minister Mahidhar

BY S A Ishaqui

Hyderabad, June 18 : A Division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini of the AP High Court on Monday issued notices to the state government and minister for municipal administration and urban development, Mr Mahidhar Reddy, Madanapalli MLA, Mr Shahjahan Basha, based on a PIL seeking an inquiry against the minister and MLA for acquiring assets disproportionate to their known sources of income.

Uppu Venkatramana a resident of Chittoor town moved the PIL alleging that the minister and MLA were preventing authorities from taking appropriate action as per proposals made by
the authorities, including the vigilance commissioner against Ms K. Shakuntula, commissioner of Madanapalli municipality.

PIL against mines for Vizag steel

A Public Interest Litigation was filed in the AP High Court on Monday challenging the state government’s decision to grant the Bayyaram mining lease in favour of Rashtriya Ispat Nigam Ltd (Visakhapatnam Steel Plant). P. Jaya Prakash Rao, retired associate professor from Osmania University, and two others from Khammam district, moved the PIL stating that the government has granted mining lease in favour of Vizag steel plant without obtaining statutory approvals and following the law.

Polavaram plea closed by HC

The state government on Monday submitted before the AP High Court that it was taking steps to complete the construction of Indirasagar (Polavaram) project at the earliest. A Division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini was dealing with a PIL by Akineni Bhavani Prasad seeking a direction to declare the action of authorities in not completing the project expeditiously, as illegal.

Government’s counsel informed the court that 80 per cent of works related to canals for the project has been already grounded and a contract for head works of the project has awarded to Transstroy JV and relief and rehabilitation has also been providing to affected families.

Nizamabad land value hike stayed

A Division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini of the AP High Court on Monday granted an interim order suspending the implementation of a GO for five weeks. The GO issued by the state government enhanced the market value of properties in Nizamabad urban and rural areas.

The Bench was dealing with a petition by N. Raja Reddy and another person from Nizamabad against the GO issued on March 30, 2013 to enhance market value of the properties of Nizamabad with effect from April 1, 2013.

Counter sought on Sompeta firing

The AP High Court on Monday directed the state government to file counter affidavit on objections raised by petitioners against the magisterial inquiry report relating to the police firing at Som-peta in Srikakulam on July 14, 2010 in which two people were killed. The government ordered the magisterial inquiry into the incident and placed the report before the court.

Plea on felling trees closed

A Division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice G. Rohini of the High Court on Monday disposed of a taken up case, on a letter by one K. Lokanadham, a resident of Tirupati addressed to the Chief Justice of the High Court, seeking intervention of the court to stop felling of the trees on Bengaluru-Chittoor highway. The Bench directed the authorities to consider the representation of the petitioner and also consider planting replacement trees for those that were felled.

Petition filed in High Court against corporal punishments

By S A Ishaqui

Hyderabad,June 16 : A Public Interest Litigation has been filed in the AP High Court on Saturday, challenging the inaction of the state government in preventing “corporal punishments” to children in schools. Mohammed Shahbaz Ahmed Khan, a city resident, moved the PIL contending that as per the United Nations convention, the state was required to protect the child from all forms of physical and mental violence, torture and other cruel and degrading punishment or treatment.

He said the government has to ensure that school discipline was administered in a manner consistent with the child’s human dignity and in conformity with the UN convention. He urged the court to direct the government ensuring that the school authorities forthwith form the ‘school management committees’ to address the issues of corporal punishment.

ACB to probe charges on excise officials

Justice C.V. Nagarjuna Reddy has directed the Anti-Corruption Bureau to conduct inquiry into the corruption allegations against certain officials of excise department of Kadapa district, and submit a report to the court.

The judge was dealing with a petition by M/s Sri Balaji Wines of Kadapa challenging an order, suspending its licence, passed by the prohibition and excise sub-inspector. The petitioner alleged that at the instance of the district commissioner of prohibition and excise, the sub-inspector implicated a false case against the shop owners. He alleged that the officials have demanded Rs 3 lakh to close the case against the shop. When they failed to pay the amount, the officials passed order suspending the licence of the shop.

Court permits withdrawal of petitions

A HC division bench has permitted to withdraw the petitions challenging the government’s decision in prescribing minimum educational qualification for paramedical courses as Intermediate, in place of Class X. The petition by vocational junior colleges from across the state had sought permission to admit the students with Class X qualification for the courses from 2013.

The state government argued the Intermediate Board has not committed any error in prescribing the Intermediate as qualification for the courses. The bench asked the petitioners to establish how their rights were violated with the government decision. When they failed to satisfy, the bench has decided to dismiss the petitions.

Then the petitioners urged the bench to permit them to withdraw their pleas.

High Court refuses to release T-activists

By S A Ishaqui

Hyderabad, June 15: The AP High Court on Friday said it will not pass any orders for the release of persons arrested by police as a preventive measure in view of Chalo Assembly agitation by Telangana Political Joint Action Committee. A division bench comprising Justice K.C. Bhanu and Justice Challa Kodandaram was dealing with a plea by Telangana Advocates JAC represented by co-convener J. Lingaiah, seeking release of persons detained across the Telangana district.

The bench directed the counsel for the home department Janakiram Reddy to instruct  police authorities to strictly adhere to guidelines set by the Supreme Court in  the D.K. Basu case and the procedure contemplated in CrPC in arresting and detaining the persons. It said it will not pass a sweeping order to release the arrested  without a counter affidavit from the police, and directed the home department to file a counter affidavit before  Tuesday giving details of  the arrests made by the police in the last two days.

Order reserved on Gali bail plea

Justice K.G. Shankar on Friday has reserved orders on bail applications by former Karnataka minister Gali Janardhan Reddy and his brother-in-law B.V. Srinivas Reddy, both accused in the OMC illegal mining case. The duo moved the HC by filing separate applications after rejection of their bail petitions by the Special CBI Court.

HC refers a plea to full bench

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice N.V. Ramana on Friday referred a petition to a three-member bench to decide if the Lokayukta has authority to pass orders in a case  of domestic violence.

The bench was dealing with a petition challenging an order passed by Lokayukta with regard to protection for a woman from domestic violence. The petitioner contended that Lokayukta has no jurisdiction to entertain a matrimonial dispute.

Court to hear pg medicos’ plea

The High Court asked counsel for the Medical Council of India on Friday to get instructions on a plea challenging the decision of government in making service in rural areas compulsory for one year for postgraduate medical students.

Justice Noushad Ali was dealing with the plea by K. Manasa and K. Siva Satya Prasun, postgraduate medical students, seeking an interim direction to stay counselling for postgraduate (degree and diploma) medical students for compulsory government/ rural service under the Tribal Rural Rejuvenation Implementation Project (TRRIP) for 2013.