Andhra Pradesh high court told army to keep roads open

By S A Ishaqui

Hyderabad, April 30: In a major relief to citizens living in colonies adjacent to the Secunderabad Cantonment, the AP High Court on Tuesday refused to vacate the stay order granted on the Army’s decision to close major roads in Cantonment for civilian traffic.

While dismissing the petitions by the Army authorities seeking vacation of the stay, Justice P. Naveen Rao made the stay absolute. The judge directed the committee, which was constituted with police, Army and civic authorities, to reach an amicable solution to the problem, to sit again, discuss the issue and submit a report to the court.

The judge was hearing a batch of petitions challenging the decision of the Army authorities to block traffic on five major roads from SP Road/East Marredpally towards Allahabad Gate (Entrenchment Road), from Secunderabad Club, Picket/West Marredpally towards Wellington Enclave (Wellington Road), from Safilguda junction towards Safilguda Railway Crossing (Ordnance Road) and Trimulgherry Hanuman Temple to Gough Road (Mornington Road) and Kendriya Vidyalaya Crossing to East/ West Marredpally (Gough Road), from February 25.

On February 28, the court had granted an interim order directing the Union Cabinet secretary and officer commanding the station/sector commander not to impose any restriction on free flow of traffic on the five major roads.

The Army authorities had moved the court to vacate the stay petitions contending that the authorities had taken a decision not to allow traffic in view of safety and security.

In reprieve to KVP Ramachandra Rao , Andhra Pradesh High Court stays arrest

Asad Sees 'Hitler' in Modi

KVP Ramachandra Rao granted interim relief on red corner notice by High Court

By S A Ishaqui

Hyderabad, April 29 :  Justice Nooty Ramamohana Rao of the AP High Court granted an interim relief on a petition by Congress Rajya Sabha member Mr K.V.P. Ramachandra Rao apprehending his arrest by the CID on the grounds of the red corner notice.

Senior counsel S. Satyanarayana Prasad, arguing for Mr Rao, contended that the Interpol notice was against the provisions of the Extradition Act and that his client was apprehending arrest following reports in the media.

If the police arrests Mr Rao, it would amount to infringement of his fundamental rights guaranteed under Section 14 and 21 of the Constitution, Mr Prasad said.
Before an Indian citizen is arrested, the Central government and the local courts have to be satisfied that the safeguards guaranteed to the citizen under local laws have been complied with, he added.

Asking the petitioner how the court could act on his apprehensions based on media reports, the judge asked the stance of the CID on the matter. Mr K. Janakiram Reddy, counsel for the CID, said that the department had received the red corner notice from the Central Bureau of Investigation on April 25. But it did not contain the provisional arrest warrant and the necessary documents.

He said that the DG, CID, had written to the CBI director seeking his clarification on the matter. Till they receive the clarification and provisional arrest warrant, the CID will not take any further action.
Citing Sections 34 and 34 (B) of the Extradition Act, the judge said that the relevant provisions mandate that a red corner notice has to be accompanied by a provisional arrest warrant and all the documents pertaining to the case.

The judge said that the Supreme Court in earlier judgements had declared that the red corner notice and the proposed action must be within the parameters of the Indian Constitution and the Criminal Procedure Code.

Maintaining that the issue needs a closer and comprehensive look, especially in the light of the judgement of the Supreme Court, the judge impleaded the Union of India, and the CBI as respondents and issued notices directing them to file counter affidavits. The case was adjourned till after the summer vacation.

Andhra Pradesh high court decides to upheld Post Graduate Medical exam

By S A Ishaqui

Hyderabad, April 26 : The High Court on Friday upheld the decision of the state government in cancelling the Post-Graduation Medical Entrance Test-2014 and directing the NTR University of Health Sciences to conduct the entrance examination afresh on April 27.

While dismissing the three petitions by Dr Vikram Reddy and others, against and in favour of the decision of the government, Justice P. Naveen Rao said, “This case is a glaring example of system failure and malady that has set in all public examinations. The conduct of re-exam is the best possible way to be adopted.”

The Governor had cancelled the test held on March 2 in view of the leakage of the question paper and ordered for a CID probe.

Advocate-General A. Sudarshan Reddy  contended that the Governor, in the capacity of the Chancellor of the NTR University, had the power to cancel the decision. Similarly, the government also had the power to either cancel or to order re-examination in case there were certain irregularities in holding the test.

While considering the submissions of the A-G, the judge said, “It cannot be said that the decision taken by the government to cancel the test and conduct it afresh is vitiated on touch-stone of arbitrary exercise of power.”

KVP moves Andhra High Court to seek stay from arrest

By S A Ishaqui

Hyderabad, April 26: Congress MP K V P Ramachandra Rao on Friday moved the AP High Court seeking to stay his arrest for his alleged involvement in the titanium mining licence scam.

S Satyanarayana Prasad, senior counsel for Mr Rao filed a petition in the HC seeking a stay on the arrest and also to direct the CB CID and CBI authorities to not take coercive steps.

The petitioner contended that he had nothing to do with the alleged titanium mining licence scam, and the US laws would not be applicable to the offences alleged to have been committed in India. The HC is to hear the plea on Monday.
 

Tsundur massacre accused let off

Andhra Pradesh High Court (Photo: DC/file)

By S A Ishaqui

Hyderabad, April 23: The Andhra Pradesh High court on Tuesday acquitted all the accused in the sensational Tsundur Dalits massacre case on grounds that the prosecution had failed to prove the offence.

Sensing trouble in view of the acquittal of the accused, who belong to upper castes, the High Court directed the superintendent of police, Guntur rural, to ensure that there were no celebrations or protests in the villages of Tsundur and Modukur for at least a period of three months. The court directed that utmost vigilance be kept in both villages.

While allowing a batch of appeals by the convicts in the case, challenging the judgment of a special court, a division Bench comprising Justice L. Narasimha Reddy and Justice M.S.K. Jaiswal pointed out that the prosecution had failed to prove the exact time and place of the death of the victims and the identity of the persons who had attacked them.

The Bench observed that even though the trial court had suggested that there were serious lapses in prosecution, it ignored them by mentioning certain reasons. It was pointed out that quite a large number of accused had been put on trial and the incident had attracted the attention of the nation and that a special court had been constituted for trial of the case, leading to certain accused being virtually morally convicted.

According to the prosecution, eight Dalits were hacked to death in broad daylight on August 6, 1991, with over 400 people chasing them along the bund of an irrigation canal in Tsundur.

The country’s first-ever special court set up for trying a case under the SC/STs Prevention of (Atrocities) Act 1989, delivered the judgment in August 2007, by sentencing 21 accused in the case to life imprisonment and 35 others to one year rigorous imprisonment and penalties of Rs 2,000 each in the case.

The special court had acquitted 123 out of the 179 accused. Of them, in the case of 41 accused, the court did not find any evidence, while 62 were released on benefit of doubt. The other 20 were let off due to omission of evidence or having only single witnesses.

The High Court Bench found that on August 6, 1991, no complaint of attack or murder on Harijans was received by the Tsundur police or any nearby police station. The Bench also found that though the eight persons were said to have been killed on the same day, the dead bodies were recovered over three days.

While setting aside the order of the special court, the Bench said that once the trial court finds that the evidence of a particular witness stating that a particular set of accused attacked the deceased, cannot be accepted, part of that evidence cannot be acceptable.

HC appeals to villagers to ‘bury the hatchet’

The AP High Court on Tuesday appealed to the villagers of Tsundur and Modukur in Guntur district to bury the decades-long differences between the upper castes and Dalits.

While acquitting the convicts in the case, a division bench comprising Justice L. Narasimha Reddy and Justice M.S.K. Jaiswal, appealed to the residents of both the villages, particularly the elderly members from all sections, to take the initiative to bury the hatchet.

The bench said that on account of prolonged differences between various sections, precious lives of eight innocent Dalit persons were lost, and their families were ruined. The help extended by the government cannot remove the agony of the family members of the deceased.

The bench observed that “At least now, wiser counsel must prevail, and differences, if any, must be buried. Every endeavour must be made by the elderly persons as well as the organisations that are active in the village, to inculcate human values and mutual respect towards each other, in the villages.”

Lake reports to be verified

By S A Ishaqui

Hyderabad, April 24 : The Andhra Pradesh High Court on Wednesday directed a petitioner to file an affidavit explaining if there are any disparities in the reports of the district collector and the district judge on alleged destruction of Ramammakunta Lake in Gachibowli by AP Tourism Development Corporation and National Institute of Tourism and Hospitality Management (NITHM).

A division bench was dealing with a plea by the Human Rights and Consumer Protection Cell, a trust represented by its chairman Thakur Rajkumar Singh, seeking CID probe into alleged illegal alienation of government land in favour of the APTDC and the NITHM for construction of a star hotel.

Earlier the bench had ordered the district collector to inspect the place and submit a report. The bench rejected the report of the collector terming that an incomplete and casual report and directed a stay on the construction. The bench asked the Ranga Reddy district judge to visit the place and submit the report.

On Wednesday, the district judge placed his report before the bench and after perusing the report; the bench told the petitioner to obtain copies of both the reports from the registry and verify them and file an affidavit by Thursday.

Andhra High Court: Petition challenging ‘Scheduled Area’ tag rejected

By S A Ishaqui

Hyderabad, April 19 : The High Court has dismissed petitions challenging the action of the state government in declaring the Mangapeta mandal a “Scheduled Area.”

The mandal in Warangal has 23 revenue villages and 80 gram panchayats. Justice Ramesh Ranganathan dismissed two petitions, by Mandava Rama Krishna and seven others, against the government action.

The petitioners contended that the 23 revenue villages and 80 gram panchayats of the mandal were not declared “Scheduled Areas” by the President, under Para 6(1) of the V Schedule to the Constitution. They said that the Centre and the state government had treated these villages as non-scheduled areas till 2006.

In fact, the request of the state government to declare these villages “Scheduled Areas” was rejected by the Centre on March 23, 1979.

The government said these villages continued to be a part of the tribal areas of the erstwhile Hyderabad State till they became a Part B State, under Schedule I of the Constitution of India, from January 26, 1950 onwards. It added that, both in Presidential Order (dated December 7,1950) and in notification (dated November 16, 1949) issued under the Tribal Area Regulation 1359 Fasli, the list of villages are the same and the names of villages appear in the same order.

The judge found that “the basis, for the proceedings issued and the correspondence entered into between officials of the Centre and state governments and the Bhuria Commission report, for their assumption that these 23 villages were not part of the Scheduled Areas, is only the judgement of this court in Koya Brahmanandam”. He felt the judgement then was pronounced in ignorance of the relevant legal provisions and facts.

RPS chief seeks to quash FIR
Rayalaseema Parirakshna Samiti president Byreddy Rajasekhar Reddy has moved the High Court seeking to quash the FIR registered against him at III Town police station in Kurnool. He contended that a false case has been foisted against him, with regard to the killing of one T. Sai Eswarudu. He urged the court to stay all further proceedings in the case, as he, being president of a party, needs to participate in the polls.

Vimalakka moves court for rally
Telangana United Front co-chairperson Vimalakka approached the HC challenging the action of the police in not granting permission to the proposed “Praja Chaitanya Yatra” in Telangana. She said that the rally was intended to create awareness among the public about voting.

Supreme Court relief for Mohan Babu

By S A Ishaqui

Hyderabad, April18: The Supreme Court on Thursday granted respite to Telugu film actor M. Mohan Babu by staying an order of the AP High Court with regard to alleged misuse of the Padma Shri award.

The AP High Court had directed the ministry of home affairs to recommend to the President that the award granted to the actor be withdrawn as it was established that the actor had prefixed the award to his name in publicity material for his films. This is in violation of the rules laid down by the government.

Aggrieved by the order, Mohan Babu had moved a special leave petition. The counsel representing the actor filed an affidavit assuring that his client will not prefix the award before his name in future, and the earlier action was was due to lack of knowledge.

The counsel also submitted that that his client had already complied with the HC direction to remove any mention of the award with his name from his films and publicity material.

Lake report criticised

Hyderabad, April 17: A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the AP High Court on Wednesday directed the AP Tourism Development Corporation and National Institute of Tourism and Hospitality Management not to go ahead with construction of a star hotel at Gachibowli. The bench was dealing with a PIL by the Human Rights and Consumer Protection Cell, a Trust represented by its chairman Thakur Rajkumar Singh, seeking CID probe into alleged illegal alienation of government land in favour of APTDC and the NITHM at Gachibowli. The petitioner alleged that the authorities have been allowing construction of hotel by destructing the Ramammakunta lake.

Earlier, the court had sought a report from the district collector on alleged destruction of the lake. After pursuing the report submitted by the collector, the bench expressed its displeasure at the collector for placing an incomplete report. Justice Sengupta said that the bench has decided to reject the report of the collector.

Maintaining that the bench will deal the attitude of the collector in later course, the bench directed the Ranga Reddy district judge to visit the place and submit a report within a week, and in the meanwhile, the authorities must ensure that no construction activity is allowed at the lake till further orders.

By S A Ishaqui

Hyderabad, April 16: A division bench comprising Justice L. Narasimha Reddy and Justice S.V. Bhatt of the AP High Court on Tuesday expressed displeasure at Chief Secretary Dr P.K. Mohanty for violating court orders.

The Chief Secretary appeared before the bench following its directions in a contempt case by former IAS officer Shafiquzzaman who alleged that the CS had violated the assurance given to the court earlier in respect of creating ex-cadre posts in the rank of Chief Secretary.

The bench said that a high-ranking official could not have acted like this and that it would send a wrong signal. While dispensing the presence of the CS in the case, the bench directed that a detailed counter affidavit be filed within 10 days

HC pulls up India Post over unpaid IVP deposit

By S A Ishaqui

Hyderabad , April 12: The High Court has faulted the postal department for not paying back money deposited under the Indira Vikas Patra Scheme (IVP) to a widow. 

Dismissing an appeal by the Post Master of Chirala in Prakasam district, Justice C.N. Nagarjuna Reddy said that the Centre cannot be allowed to unjustly enrich itself at the expense of a private citizen by refusing to pay a bonafide claimant even though the IVP certificates have not been produced.

Voleti Subba Rao, a resident of Chirala, purchased the Indira Vikas Patras in 1991 and died in 1993. His wife Voleti Saya Phani Vardhini  found details of the investment in a diary left by her husband. Unable to find the IVPs she informed the postal inspector about the missing IVPs. He directed her to approach the civil court. 

The civil court passed an order in her favour, directing the postal department to refund the money. However, the department went in appeal before the appellate court which upheld the court order. The postal authorities then moved the High Court. 

Justice Reddy said, “This Court feels that the stand taken by the appellants is unacceptable. A bonafide subscriber to the scheme cannot be made to suffer on account of the ambiguity. The scheme must provide for alternatives regarding payment, in the event, the subscriber or his legal heirs are unable to produce the original IVP.”

 

G. Rohini becomes first woman Chief Justice of Delhi High Court

Delhi High Court | Photo Courtesy - Delhi High Court Website

By S A Ishaqui

Hyderabad, April 11: Justice G. Rohini, the senior most judge of the AP High Court has been appointed as the Chief Justice of the Delhi High Court. She is the first woman Chief Justice of the Delhi High Court. The President, on Friday, issued a notification appointing her as Chief Justice.

Born on April 14, 1955, in Visakhapatnam, Justice G. Rohini graduated in science in 1976 from the Osmania University and obtained a degree in Law with a first class from the College of Law, Visakhapatnam. She enrolled as an advocate on in 1980 and joined the office of noted advocate Koka Raghava Rao, the then chairman of the AP State Bar Council. She  had the unique opportunity of participating actively in legal journalism first as a reporter for the AP Law Journals, of which Koka Raghava Rao was the founder chief editor.

Justice G. Rohini had taken up issues like protection of the girl child, working women and better relationship between the Bar and Bench during her tenure, and recently released a handbook on Women and Human Rights at the annual day meeting of the Indian Women Network.

She served as government pleader at the High Court. She was promoted as additional judge of the High Court of AP on June 25, 2001 and became a permanent judge on July 31, 2002.

Supreme Court: Can’t prefix Padma Shri

BY S A Ishaqui

Hyderabad, April 12: The Supreme Court Friday rapped film actor M. Mohan Babu for prefixing “Padma Shri” to his name in the credits of the film Denikaina Ready.

A two member bench comprising Justice H.L. Dattu and S.A. Bobde was hearing a special leave petition by Mohan Babu challenging an order of the AP High Court, in which the Court directed the Union Home Ministry to place this subject before the President for forfeiture of Padma Shri granted to the actor, on account of misuse of the award.

High Court concluded that the award had been misused by Mohan Babu as a title deliberately and it invited forfeiture.

After hearing the appeal, the bench pointed out that the petitioner was not entitled to prefix the award to his name for film publicity in light of a similar ruling by the Supreme Court in Balaji Raghavan versus Union of India case that clarified “the National Awards do not amount to ‘titles’ within the meaning of Article 18(1) and they should not be used as suffixes or prefixes.If this is done, the defaulter should forfeit the National Award conferred on him or her by following the procedure laid down in Regulation 10 of each of the four notifications creating these National Awards.”

The bench pointed out that the High Court established that the act of the appellant was deliberate.The bench directed the counsel file counter affidavit and posted the case to April 17.

Andhra Pradesh HC seeks MBBS entrance report

By S A Ishaqui

Hyderabad, April 12: A division bench comprising Justice C.V. Nagarjuna Reddy and Justice Challa Kodandaram  of the AP High Court on Friday directed the state government and the NTR University of Health Sciences to submit a report explaining how the Deccan Medical College and the Shadan Medical College followed government and court orders regarding MBBS admission.

A petitioner had informed the court that both the colleges  had deliberately violated court orders, which  had directed the medical colleges to issue and receive applications for MBBS course through email, post and in person. The colleges were asked to publish merit list before intimating  the university about the admission process so that the merit list would not compromised.

The NTR University admitted in its counter affidavit that the rules were not followed in 2009-2010. The bench directed the varsity and government to submit their reports.

Andhra HC summons Chief Secretary Mohanty

A division bench comprising Justice L. Narasimha Reddy and Justice S.V. Bhatt on Friday summoned Chief Secretary P. K. Mohanty to appear in  court on Tuesday to explain  why he had violated an earlier court order in respect of creating ex-cadre posts in the rank of chief secretary.

While dealing with a contempt case by former special chief secretary Mohammad Shafiquzzaman who challenged the promotion given to 1982 batch IAS officer N. Ramesh Kumar to the rank of special chief secretary contrary to the order of the court. He alleged that the CS had committed contempt despite court orders not to promote anyone beyond his powers to create ex-cadre posts.

The bench had earlier directed the state not to create any ex cadre posts beyond its capacity.

Keep SCB roads open: High Court

By S A Ishaqui

Hyderabad, April 10: The police on Thursday submitted before the AP High Court that despite interim orders, the Army authorities had been going ahead constructing gates to block the roads under the Secunderabad Cantonment Board limits.

 

W. Rachana, assistant government pleader for the home department, submitted before Justice P. Naveen Rao that it would not be possible for the police to provide alternative roads for citizens living adjacent to the Cantonment Board in the event of closure of the roads by the Army.

 

The judge was hearing pleas challenging the decision of the Army authorities to block the roads from February 25.

Ms Rachana said that the police had proposed to provide patrolling in the Cantonment Area at night to prevent untoward incidents and also for smooth-er passage of commuters during night times, but the Army authorities had declined the proposal.

 

The counsel representing the Army submitted that they would allow civilian traffic during the day but not at night, from 10 pm to 7 am, and added that the authorities had taken the decision in view of safety and security. 

 

Moinuddin, an advocate representing a petitioner, cited that the Karnataka HC in 1998 had ruled that “the mere fact that the ro-ad passes through Army areas or Cantonment Boards wouldn’t change their nature authorising the Army authorities to put restrictions resulting in inconvenience to the general public effecting their fundamental right of freedom of passage, as enshrined in Article 19 (1) (d) of the Constitution”.

 

After hearing the arguments, the judge said the orders would be pronoun-ced later and till such time the interim order granted against the closu-re of roads would remain.

Keep SCB roads open: High Court

By S A Ishaqui

Hyderabad, April 11 : The police on Thursday submitted before the AP High Court that despite interim orders, the Army authorities had been going ahead constructing gates to block the roads under the Secunderabad Cantonment Board limits.

 

W. Rachana, assistant government pleader for the home department, submitted before Justice P. Naveen Rao that it would not be possible for the police to provide alternative roads for citizens living adjacent to the Cantonment Board in the event of closure of the roads by the Army.

 

The judge was hearing pleas challenging the decision of the Army authorities to block the roads from February 25.

Ms Rachana said that the police had proposed to provide patrolling in the Cantonment Area at night to prevent untoward incidents and also for smooth-er passage of commuters during night times, but the Army authorities had declined the proposal.

 

The counsel representing the Army submitted that they would allow civilian traffic during the day but not at night, from 10 pm to 7 am, and added that the authorities had taken the decision in view of safety and security. 

 

Moinuddin, an advocate representing a petitioner, cited that the Karnataka HC in 1998 had ruled that “the mere fact that the ro-ad passes through Army areas or Cantonment Boards wouldn’t change their nature authorising the Army authorities to put restrictions resulting in inconvenience to the general public effecting their fundamental right of freedom of passage, as enshrined in Article 19 (1) (d) of the Constitution”.

 

After hearing the arguments, the judge said the orders would be pronoun-ced later and till such time the interim order granted against the closu-re of roads would remain.

Chief Secretary term extension upheld by Andhra Pradesh High Court

By S A Ishaqui

Hyderabad, April 10: A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the AP High Court on Wednesday upheld the action of the state government in extending the service of Chief Secretary Dr P. K. Mohanty for a period of four months.

The bench dismissed two PILs by M. Chandramouleswara Rao and the Consumer Guidance Society represented by Diwakar Babu, challenging the action of the state government, contending that the Centre had no jurisdiction to act on the recommendations of the Governor in the absence of  a Cabinet. Delivering the verdict, Justice Sengupta said that the Governor, in the absence of an elected government, has the power to recommend the extension of the tenure of the Chief Secretary.

The bench has considered the contentions of the state government that it had sought the intervention of the Governor as there was intimation from the then caretaker Chief Minister expressing his inability to deal with the issue of extending service of the Chief Secretary.

The bench said that the circumstances forced the intervention of the Governor and the Governor has discretionary powers to intervene in such circumstances. The bench found that there were no such ingredients in the pleas to warrant interference of the court to issue a writ of quo warrant against the extension of the services of the Chief Secretary.

State told to respond to graft inaction allegation

By S A Ishaqui

Hyderabad, April 9: A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the AP High Court has directed the state government to respond on a PIL challenging its alleged inaction in according sanction to prosecute officers involved in corruption cases.

O. Yella Reddy, a practicing advocate of the High Court, moved a PIL alleging that the government is shielding the corrupt officials by not granting permission to prosecute them within three years from their retirement to help them get away.

He told the court that the Anti-Corruption Bureau had recommended prosecution against the officials in 1,860 cases under the Prevention of Corruption Act from 2005 till end of February 2014.

The state government’s counsel submitted that earlier, in a similar case, the High Court had given certain directions to prosecute the officer and based on the directions, the government has prescribed certain parameters to accord sanction in cases under the Act.

The bench directed the counsel to file a counter affidavit by explaining the court directions and the parameters of the government to grant sanction in corruption cases.

Worker safety notices issued

The HC has issued notices to the state and the Centre to review the steps initiated by the state and Centre and the statutory authorities for the safety and health of those working in various Coal Fired Thermal Power Plants in Andhra Pradesh.

While admitting the petition, the court directed the respondents to file their counter affidavits. The bench had suo moto taken up the case to examine the steps being initiated by the governments based on a judgement of the Supreme Court for the safety of workers.

Sailajanath’s treatment funds under scanner

By S A Ishaqui

Hyderabad, April 8: A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the AP High Court on Monday directed the state government to submit a report in a plea challenging the action of the government in sanctioning funds for the medical treatment to former minister S. Sailajanath.

Questioning how public funds can be given away in such a manner, the Bench asked the government to explain the kind of treatment for which the funds were granted.

Mangilal Vankodhuth, a resident of the city, moved the PIL stating that the government had issued the GO on February 17, by sanctioning Rs 43.66 lakh for treatment to Mr Sailajanath as he had a tumour. The former minister was treated at Memorial Sloan Kettering Cancer Center, NJ, USA.

The petitioner contended that the action of the government was illegal as Mr Sailajanath is neither a poor nor economically backward. The bench granted three weeks to the government file its report.

Municipal poll results after state election

By S A Ishaqui

Hyderabad, April : The Supreme Court on Monday directed that the counting of votes and declaration of results of municipalities and municipal corporations elections will be done after May 7.

A two-member bench comprising Justice Gyan Sudha Misra and Justice V. Gopal Gowda was dealing with a special leave petition challenging an interim order of the AP High Court which had directed the AP State Election Commission to declare the results on April 9.

The apex court said that it was unable to appreciate the stance of the AP State Election Commission in the case of Panchayat Raj elections schedule and the contrary stance in the case of the municipal polls. The commission has re-scheduled the MPTC and ZTPC poll results, but stuck to the schedule announced for municipal polls.

The apex court refuted the contention of the SEC that it would be difficult for it to preserve the EVMs for nearly 45 days, and there was a possibility that the machines would catch fire in the summer heat.

The commission also told the court that there would be a shortage of EVMs for the general elections and the Election Commission of India has already requested the SEC to supply a certain number of EVMs for polls in the state.

The bench said it was the responsibility of the commission to preserve the ballot boxes till the declaration of results, and cautioned the commission not to plead any technical grounds at this juncture.

Andhra High Court directs EC to put NOTA symbol on voting machines

By S A Ishaqui

Hyderabad, April 8: The Andhra Pradesh High Court on Monday directed the Election Commission to ensure that all voters, including illiterates, are made aware of the NOTA (None Of The Above) option for the upcoming polls.

A division bench of Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dealing with a PIL filed by writer and film director P. Sauda. He had pointed out that the NOTA option had been ordered by the Supreme Court.

The bench directed the EC to allot a symbol for NOTA so that voters could easily identify it.

Justice Sengupta pointed out that it would be difficult for uneducated voters living in rural areas and slums to cast their votes as the NOTA option did not have a symbo

Chief Justice to meet upon Judicial bifurcation of Andhra Pradesh

By S A Ishaqui

 Hyderabad, April 6: Chief Justice Kalyan Jyoti Sengupta of the AP High Court will hold a meeting at his residence on Sunday to chalk out the plan for division of subordinate judiciary for Telangana and the residuary state of AP.

Sources said, the Chief Justice has invited Chief Secretary Dr P.K. Mohanty, principal secretaries of finance and home departments as well as the law secretary to participate in the meeting. As each state must have its own subordinate judiciary under Chapter-VI of the Constitution, and all the appointments of subordinate judicial officers are required to be made by the Governor of the concerned state, the Full Court has already decided to speed up the process. Sources said that following the resolution of the Full Court, the CJ decided to form a judges’ committee by giving proper representation to all the regions. Justice R. Subhash Reddy, Justice K.C. Bhanu, Justice P.V. Sanjay Kumar and Justice Raja Elango are likely to be accommodated in the committee.

Panel to oversee division of judiciary

By S A Ishaqui

Hyderabad, April 4: The full court of the HC which met Thursday decided to constitute a committee comprising judges and the secretary to the Law department to suggest ways to complete the division of the subordinate judiciary for Telangana and Andhra Pradesh by the appointed day.

Sources revealed that CJ Kalyan Jyoti Sengupta sought the views of judges on the creation of separate HCs for Telangana and AP. He told the judges to submit their written views for consideration by the committee.

Sources also disclosed that the full court consisting of all the HC judges was of the opinion that it is mandatory to complete the division of the existing subordinate judiciary between Telangana and AP before the appointed day. Otherwise the subordinate judiciary would fall short of funds and that may lead to non-payment of salaries to judicial officers.

As each state is under obligation to have its own subordinate judiciary under Chapter-VI of the Constitution and all appointments of subordinate judicial officers are required to be made by the Governor of the state, the full bench decided to expedite the process.

The full bench also reviewed provisions under the AP Reorganisation Act 2014 for the creation of a separate HCs for Telangana and AP.

The court noted that as per Section 30 of the Act, the existing HC would be the common HC for both the states till creation of separate HCs. Section 31 of the Act, however, mandates creation of two separate HCs for AP and Telangana.

Section 40 of the Act ruled that the HC in Hyderabad shall have no jurisdiction over AP with effect from the appointed day. Sources pointed out t