By S A Ishaqui
Friday, July 18, 2014
Thursday, July 17, 2014
Wednesday, July 16, 2014
Tuesday, July 15, 2014
Sunday, July 13, 2014
Saturday, July 12, 2014
Friday, July 11, 2014
Thursday, July 10, 2014
Wednesday, July 9, 2014
Telangana, Andhra Pradesh stand sought on tuition fee
By S A Ishaqui
Hyderabad, July 9: The Hyderabad High Court on Tuesday sought to know the stand of the governments of Telangana and Andhra Pradesh on the plea challenging the action of the management of private colleges in demanding payment of tuition fee of about Rs 92,500 each for sixth year (internship) for Pharma D course.
While dealing with the plea by K. Mallesh and several other students of Pharma D course, Justice Nooty Ramamohana Rao directed both the governments to file their affidavits on the averments of the plea within four weeks.
The judge directed the college managements to not insist on payment of fee from the petitioner students and to allow them for viva exam.
The petitioners submitted that collection of tuition fees for the sixth year course (internship period) was not permissible in accordance with the proceedings issued by the AP State Council for Higher Education on January 28, 2014.
They said that as many as 350 students of sixth year Pharma D course were getting affected by the decision of college managements of not permitting them to attend the viva exam to complete the course.
Telangana, Andhra Pradesh stand sought on tuition fee
By S A Ishaqui
Hyderabad, July 9: The Hyderabad High Court on Tuesday sought to know the stand of the governments of Telangana and Andhra Pradesh on the plea challenging the action of the management of private colleges in demanding payment of tuition fee of about Rs 92,500 each for sixth year (internship) for Pharma D course.
While dealing with the plea by K. Mallesh and several other students of Pharma D course, Justice Nooty Ramamohana Rao directed both the governments to file their affidavits on the averments of the plea within four weeks.
The judge directed the college managements to not insist on payment of fee from the petitioner students and to allow them for viva exam.
The petitioners submitted that collection of tuition fees for the sixth year course (internship period) was not permissible in accordance with the proceedings issued by the AP State Council for Higher Education on January 28, 2014.
They said that as many as 350 students of sixth year Pharma D course were getting affected by the decision of college managements of not permitting them to attend the viva exam to complete the course.
Police officers' move on Million March mob justified
By S A ishaqui
Hyderabad,July 9: A Division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court, has held former DGP K. Aravinda Rao, former city police commissioner A.K. Khan and other police officers not guilty under the Contempt of Courts Act.
The Bench dismissed a contempt case moved by Telangana Advocates Joint Action Committee leader T. Sri Ranga Rao and others, against former the DGP, former city police commissioner, former DCP of Central Zone Akun Sabarwal, former ACP of Chikkadpally K. Chakrapani and Gandhinagar police Inspector S. Sudhakar.
The petitioners contended that the respondent officers were guilty of gross contempt of the order of the Supreme Court in the D.K. Basu versus the state of West Bengal case and urged the court that they be punished under Article 215 of the Constitution and the Contempt of Courts Act, 1971.
The petitioners submitted that the police arrested them while they were participating in the Million March organised on March 10, 2011, in Hyderabad and at the time of their arrest, none of the police officers were wearing name tags and that some of them were in mufti.
They alleged that no arrest memo was prepared and no one was informed of their arrest and their arrest was never recorded on that day and that they were interrogated in Gandhinagar police station.
The petitioners said that they were not given any food or water during the night and they were made to sit on the dirty floor along with others throughout the night.
They said the DGP issued a fax message on February 21, 2011, to all police officers in the state to file FIRs against all the leaders who were supporting the agitation for a separate Telangana.
Police defended their action stating a group of 2,500 to 3,000 people, including the petitioners, had entered the stretch of the upper Tank Bund road from Ambedkar statue side breaking the police cordon, while the other group of 2,500 to 3,000 persons entered the road from the Viceroy Hotel side. They then damaged Telugu heritage idols.
Delivering the verdict, Justice Sanjay Kumar said that though various allegations have been made by the petitioners charging the respondent police officers with responsibility for alleged disobedience to the order of the Supreme Court in the D.K. Basu case, this Court finds no evidence to support their allegation that the named respondents were guilty of any specific violation of the directives of the Supreme Court.
The judge ruled that “this Court therefore finds that the ingredients of ‘civil contempt’ as defined by Section 2(b) of the Act of 1971 are not established as against any of the named respondents.”
Tuesday, July 8, 2014
Hyderabad High Court covers Telangana and Andhra Pradesh: Centre
By S A Ishaqui
Hyderabad, July 8 : The Union of India on Monday submitted before the Hyderabad High Court that the common High Court which had came into existence on June 2, 2014, had absolute jurisdiction on Telangana and the residuary state of the Andhra Pradesh till the constitution of a separate High Court for AP.
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dealing with a contempt case in which a single judge had earlier sought clarification from the Centre on the jurisdiction of the common High Court.
Hyderabad High Court declined stay summons of ED in Coal scam
By S A Ishaqui
Hyderabad, July 8: Justice Naveen Rao of the Hyderabad High Court on Monday declined to stay the summons issued by the Enforcement Directorate to Navabharat Power Private Ltd. and its promoters P. Trivikrama Prasad and Y. Harish Chandra Prasad in the Coal Block allotment scam.
The promoters of the Navabharat Company moved a petition before the judge seeking a stay of all further proceedings pursuant to the summons issued by the ED under the prevention of the Money Laundering Act.
The counsel for the petitioners apprehended that the ED may go ahead with coercive steps by attaching the properties based on the summons issued under the PMLA Act. P.S.P. Suresh Kumar, counsel for the ED, told the court that the Supreme Court has been monitoring the case and they have not launched any attachment proceedings against the petitioner or his company, which was allotted a coal block.
They were only summoned to answer certain queries on July 9.
While noting that that only summons were issued to promoters to appear before the ED to answer certain queries and attachment of properties at this stage is only an apprehension and courts will not act on such anticipated claims and unfounded fears, Justice Naveen Rao adjourned the case to July 10.
Hyderabad High Court grants status quo on APNGOs land
By S A ishaqui
Hyderabad, July 8: Justice Vilas Afzulpurkar of the Hyderabad High Court, on Monday, directed the Telangana government to maintain status quo on the land allotted to the APNGO Mutually Aided Cooperative Housing Society Ltd. in Ranga Reddy district.
The judge was dealing with a petition by the APNGOs Mutually Aided Cooperative Housing Society Ltd., represented by its secretary N. Chandrasekhar Reddy, challenging the action of the Telangana government in resuming the land allotted to the society on the ground of non-utilisation of the land granted for the purpose.
The petitioner urged the court to set aside the action of the government. The government pleader brought to the notice of the court that the notices intimating the proposal to resume the land was issued in 2013 and acknowledgment is there.
While directing the government and the petitioner society to maintain status quo, the judge directed the respondents to file the counter affidavits on the averments of the plea and adjourned the case for four weeks.
Saturday, July 5, 2014
Telangana proposed decision may fail legal test :Telangana to formulate a policy for the benefit of its own people
By S A Ishaqui
Hyderabad, July 5 : The proposed decision of the Telangana government to take 1956 as the cut off to determine the local status of students to extend the fee reimbursement scheme may not stand judicial scrutiny.
As per the provisions of the Constitution, it is for Parliament to decide the local status of a person and not state governments.
In the case of Yogesh Bhardwaj versus the state of Uttar Pradesh, the Supreme Court held that “Parliament is empowered to make the law prescribing residential requirements within a state or Union Territory in relation to a class or classes of employment. In absence of Parliamentary law, even the prescription of requirement as to residence within the state is a taboo.”
The Telangana government has been claiming that the fee reimbursement scheme is a state government policy that benefits students of lower income groups and is not based on caste and religion. Therefore, the state has the power to decide to whom the benefit should be extended to.
It has also claimed that the decision of taking the year 1956 as a benchmark to determine the local status of a student is only confined to the fee reimbursement scheme and it will not be applicable for employment and admissions into colleges.
Legal experts, however, say that the government cannot adopt two policies, one for admissions and another for fee reimbursement.
Article 16 guarantees equality of opportunity to all citizens in matters relating to employment or appointment to any office under the state. It reinforces that guarantee by prohibiting discrimination on the grounds of religion, race, caste, sex, descent, place of birth and residence or any of them.
The Rajasthan government had decided to give priority to rural students for admissions into medical courses by giving them bonus marks. The SC held that measures taken by the state on considerations of localism are not sanctioned by the constitutional mandate of equality.
Similarly, a maiden effort of the Jharkhand government, after its formation, to determine the local status of persons by taking into consideration the stay of three generations in a particular district to consider local status went against the government in judicial scrutiny.
A five-member Bench of the Jharkhand High Court held that whatever be the other considerations, no state can be permitted to exclude from the definition of “local resident” (for any purpose whatsoever) any such person who, being a citizen of India, has set up residence in any part or territory of such state, notwithstanding the fact that the period for which the residence has been set up is shorter as compared to the natives, originals or the aboriginals.
In one case, the then Chief Justice of India, Justice Bhagwati, had underscored the need for evolving a policy of ensuring admissions into MBBS courses on an all-India basis “based as it is on the postulate that India is one nation and every citizen of India is entitled to have equal opportunity for education and advancement.”
Telangana’s stand: Fee reimbursement is state government policy, therefore, Telangana has the power to decide who should benefit. Telangana state has also said the nativity clause will be applicable only for this scheme.
However: Legal experts say state cannot adopt two policies, one for admission and another for fee reimbursement. Similar attempts by other state governments were also struck down in the past
Hyderabad: State has power to determine status
“It is the prerogative of the state to formulate a policy for the benefit of its own people. While formulating the policy, the state government is empowered to fix certain criteria to extend the benefit to people who deserve it,” said Gandra Mohan Rao, a Hyderabad High Court advocate.
He said after the merger of Telangana with AP, and after Hyderabad was made the capital, several people migrated from Andhra and Rayalaseema to the city.
“Since Telangana has now been separated there is no meaning in extending this benefit to the people who have settled here by virtue of their employment or businesses. It is for the AP government to take care of them,” he added.
Mr Rao said, “The fee reimbursement scheme is state-sponsored. The Centre has nothing to do with it. The state government has every right to decide who the beneficiaries of the scheme are.”
“The state government has categorically said 1956 is the cut off year only for the fee reimbursement, not for any other purpose. If any one wants to put this up for judicial scrutiny, let them do it,” Mr Rao said.
He is of the opinion that courts have limited jurisdiction in matters concerned with policy decisions of the state governments. “The Constitution has empowered state governments to make their own policies for the welfare of their people,” he said.
Thursday, July 3, 2014
Put Nagarjuna on notice, High Court tells Telangana
By S A Ishaqui
Hyderabad, July 3 : Justice A. Rajasekhar Reddy of the Hyderabad High Court on Wednesday directed the Telangana state government to issue notice before initiating action against the N Convention centre owned by noted Telugu film actor Akkineni Nagarjuna at Madhapur.
The judge was disposing of two petitions by Nagarjuna and another, challenging the action of the authorities in fixing the full Tank Level of the Thammidi Kunta Lake adjacent to their land, without prior notice.
Following the direction, GHMC commissioner Somesh Kumar said that N Convention Centre would receive the notice “very shortly”.
The judge pointed out that the present petitions were filed on the premise that FTL was already fixed and the authorities are proceeding to take action without notice to the petitioners. The judge said that the advocate-general had submitted that no FTL was fixed as on today and notice will be issued as per law as and when the FTL is fixed.
“The fixing of FTL need not be adjudicated in the present writ petitions.” he said.
Wednesday, July 2, 2014
Enforcement Directorate says no to Tech Mahindra petition
By S A Ishaqui
Hyderabad, July 2 : The Enforcement Directorate on Tuesday opposed a plea by Tech Mahindra seeking the Hyderabad High Court to quash the criminal proceedings against the latter in a lower court with regard to the Satyam Computers scam.
Justice Naveen Rao was hearing the plea of the company. P.S.P. Suresh Kumar, counsel for the enforcement directorate, said that a case against Satyam Computers (now merged with Tech Mahindra) was registered in 2009 by the ED under the Prevention of Money Laundering (PMLA) Act.
He said the trial will be conducted only against the old management of Satyam. He said as the scheme of amalgamation of Satyam and Tech Mahindra was approved by the High Court, it was mandatory for the new company to obey the conditions and cooperate for the trial.
Hyderabad High Court seeks Centre’s views on heatwave as calamity
By S A Ishaqui
Hyderabad,July 2 : A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court on Monday directed the assistant solicitor general to file a counter affidavit on a plea by J.K. Raju, an advocate of the seeking a direction to consider the ‘heatwave calamity’ as a disaster and extend financial assistance to the victims’ families with retrospective effect under the Disaster Management Act, 2005.
Vishnuvardhan Reddy, assistant solicitor general, submitted that following an earlier direction of this court the Centre has passed a detailed order on the representation of the petitioner. He said that 13th Finance Commission has made certain recommendations with regard to heatwave calamity.
Reacting to his submissions, the bench said that all those aspects to be put into an affidavit and submit before it by the next date of hearing.
The petitioner said that as many as 371 people have died due to sunstroke during this summer in the state of Andhra Pradesh due to severe heat conditions.
Amway can operate accounts: High Court
By S A Ishaqui
Hyderabad,July 2: Justice Nooty Ramamohana Rao of the Hyderabad High Court on Tuesday granted permission to Amway India Ltd to operate 50 per cent of the amount from its bank accounts in the state.
While admitting a writ petition filed by the company questioning an order of the superintendent of police, Kurnool, directing seizure of all bank accounts of the company, the judge granted the interim relief. The company contended that since the investigation against the company was handed over to the CB-CID, the superintendent of police had no power to issue the proceedings to seize its bank accounts.
Tuesday, July 1, 2014
Anti-Corruption Bureau files booze charges against former excise minister
By S A Ishaqui
Hyderabad July 1: After the intervention of the High Court, sleuths of the Anti-Corruption Bureau finally filed a charge sheet against former excise minister Mopidevi Venkataramana, the brother of former PCC president Botsa Satyanarayana and the son of former minister Dharmana Prasad Rao.
The Anti-Corruption Bureaus of AP and Telangana submitted their action taken reports in the liquor syndicates scam on Monday. The ACB claimed that the allegation that former excise minister Mopidevi Venkataramana accepted `10 lakh as bribe was proved during the investigation.
Mr Ravi Kiran Rao, the special counsel for ACB, submitted before a division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar that after the setting aside of the memo issued to bar the initiation of cases against public representatives, the ACB re-investigated the cases, and filed charge sheets against public representatives.
According to the report the AP wing of ACB filed charge sheets against Dharmana Ram Manohar Naidu, son of former minister Dharmana Prasad Rao, and P. Appa Rao, the personal assistant of Prasad Rao and C. Venkata Satyanarayana and Chinna Appalanaidu, a corporator of Visakhapatnam Municipal Corporation at the Visakhapatnam ACB court. The sleuths of the AP wing of ACB submitted before court that the charges against MLA Velagapudi Ramakrishna was not proved in the probe and he was discharged from the case.
The AP wing also filed a charge sheet against Botsa Adinarayana alias Seshu in Visakhapatnam ACB court and a charge sheet in Kurnool against former MLA Y. Chenna Kesava Reddy. The sleuths of Telangana submitted that they have filed a charge sheet against former excise minister Mopidevi Venkata Ramana in Hyderabad ACB court. They said that allegations against MLAs B. Kavitha and Sandra Venkata Veeraiah were not proved in the investigations.
The ACB submitted that charges under the Prevention of Corruption Act were farmed against all the accused. Referring to another direction of the High Court that sanctions pending against public servants should be cleared within three months by the government, P. Venugopal, the advocate general of AP, submitted that as the state was bifurcated, three months is needed to proceed in the matter. The bench considered and granted adjournment accordingly.
Andhra Pradesh High Court: States can’t waive farmer loans ;Chief Justice: Court won’t hear case now
By S A Ishaqui
Hyderabad, July 1 : The Hyderabad High Court on Monday made it clear that neither the AP nor the Telangana state governments had the power to waive the loans that farmers had borrowed from banks.
The court, however, said that it would not intervene in the issue at this stage as it was premature. A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dealing with a plea by Mr Adusumilli Jayaprakash, former TD MLA of Vijayawada, seeking a direction to the Telangana and AP governments not to proceed further with the waiver of agricultural loans availed from banks.
Mr M.V. Durga Prasad, counsel for the petitioner, submitted that in AP, the TD had promised total waiver of loans not only to farmers, but also loans to self-help women’s groups.
The TRS, has promised waiver of farmer loans of up to Rs 1 lakh. He said after coming to power, AP issued GO Ms. No. 31, on June 10 to appoint an expert committee, stating that it desired to waive agricultural crop loans given to farmers, women’s self help groups and hand loom and power loom weavers.
The TRS, has promised waiver of farmer loans of up to Rs 1 lakh. He said after coming to power, AP issued GO Ms. No. 31, on June 10 to appoint an expert committee, stating that it desired to waive agricultural crop loans given to farmers, women’s self help groups and hand loom and power loom weavers.
Chief Justice: Court won’t hear case now
Petitioner Adusumilli Jayaprakash, former TD MLA of Vijayawada, submitted in the Hyderabad High Court that the Chief Minister of Telangana had announced on the floor of the Assembly that his government would waive all crop loans up to Rs 1 lakh including those secured by pledging gold.
Reacting to the submissions, the Chief Justice said that the state governments had no role in waiver of the loans as it was a transaction between the bank and the borrower; however the court was not inclined to intervene in the matter as the Chief Minister of Telangana had made an announcement on the floor of the Assembly and as a matter of discipline, the courts did not intervene in matters when they were related to announcements either in Parliament or in the Assembly.
As far as the AP issue is concerned, it had issued a GO to work out the modalities for the loan waiver scheme and it is yet to take a final decision. Only when both the states come to a final decision can the court look into the matter, the Chief Justice added.
Counsel for the petitioner said that the impact of the loan waiver scheme was estimated at Rs 54,000 crore in AP and Rs 20,000 crore in Telangana. He contended that the state government did have the power to waive bank loans and it purely rested with the Union of India as per the Seventh Schedule of the Constitution.
The Chief Justice said that all these aspects would be looked into when the promises of both the governments would transform into a final decision. He added that the court would not hear the case at this stage and if the petitioner could argue on the maintainability of the plea, the court would give him an opportunity to do so. Following this the petitioner sought adjournment of the case to next Monday.
High Court respite for Akkineni Nagarjuna, status quo on N-Convention
By S A Ishaqui
Hyderabad, July 1: Justice A. Rajasekhar Reddy of the Hyderabad High Court on Monday granted respite to actor Akkineni Nagarjuna by directing officials of the GHMC, revenue and irrigation departments to maintain status quo with regard to the N-Convention issue till Thursday.
Nagarjuna had challenged the action of the authorities in fixing Full Tank Level near his N-Convention in Madhapur. It may be recalled that the irrigation and revenue departments had surveyed the area around the convention centre to check whether the management had occupied any of the land of the tank.
The petitioner contended that the authorities conducted the survey without issuing him a notice and hence the survey was illegal. K. Ramakrishna Reddy, Advocate-General of Telangana, submitted that the notice should be given at the time of action. However, the case was listed for hearing on Tuesday.
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