Friday, December 30, 2016

Telangana, Andhra Pradesh face quota conundrum

 
 Kapus remind Naidu of his election promise in AP.
 

 By S A Ishaqui
Hyderabad, Dec 30:Reservation movements are slowly gaining momentum in both Telangana and Andhra Pradesh, with the ruling parties not moving on their election-time promises after coming to power.
 
TD president N. Chandrababu Naidu had promised to provide reservations in education and jobs for the Kapu community during the 2014 election campaign. TRS president K. Chandrasekhar Rao had promised 12 per cent reservations to Muslims in the election manifesto.
 
The Kapu Nadu and Kapu Reservations Porata Samiti have begun a legal battle and plan to launch a peoples’ movement for inclusion of Kapu, Telaga, Balija and Ontari communities in the Backward Classes list. In Telangana, the BC Katika Quraishi Caste Association has moved the Hyderabad High Court.
 
Shaik Ahamed Quraishi, founder general secretary of the association, said the government had included the Arekatika, Katika and Are-Suryavamshi castes in the BC-D group but had omitted the Katika Quraishis though the community practices the same profession as the other three. He said the Katika Quraishi caste was included in the BC list by the AP government in 1986 along with nine others. That inclusion was stuck down by the High Court for exceeding the limit of 25 per cent reservations for BCs. The court did not fault the inclusion of the community in the BCs list, he said.
 
He said the National Commission for Backward Classes had recommended the inclusion of the caste into the BCs list and the Union Cabinet had approved the measure. Despite this, both the TS and AP governments had not included the community in the BCs list, which is why the association had moved the High Court.
 
Affan Quadri, secretary of the Mehar Foundation, said it would launch a movement to pressurise the Telangana state government to fulfil its promise of providing 12 per cent reservations to Muslims. 
 
The government had set up a committee to study the economic, social and educational backwardness among Muslims to build the base for reservations before constituting the BC Commission, but the delay in the process will lead to loss of opportunities in the ongoing state recruitments, he added.
 
In AP, Dr K.V.K. Rao, chairman, Kapu Reservations Porata Samiti, said there was unrest in the community as the government was conducting an inquiry for inclusion of the Kapu, Telaga, Balija and Ontari communities in the BC list. The samiti has moved the High Court. “We are also planning a massive people’s movement in AP to achieve our demand,” Mr Rao said.
 
In and out, Kapus fight for quotas
The Kapu, Balija, Telaga and Ontari communities, which were grouped as one class under the broad category of Telaga, have been in and out of the Backward Classes over the last 100 years. The four communities were listed as BCs from 1915 but were removed from the list in 1956. They were brought back into the list five years later, but excluded in 1966. The community has been fighting for re-inclusion since then.
 
According to Dr K.V.K. Rao, people generally referred to as Kapus along with the sub-castes are socially and educationally backward. They are involved in various occupations primarily in the unorganised sector. The people of the community are engaged in odd jobs and professions; many are peasants and farm labour. A majority of the population does not have a presence in the organised sectors, which are considered dignified in the social hierarchy of communities, he said.
 
Dr Rao said that for years, various community organisations had been trying to secure an inquiry and recognition of the Kapu community and its sub-castes as “socially and educationally backward classes”. A series of representations had been periodically addressed to the government, he said.
 

Monday, December 26, 2016

Big demand for seats in Telangana Wakf Board polls


The term of the elected Wakf Board expired in 2012, and the Board has been running under the charge of a special officer.
The government has issued the election notification on December 7, 2016 and the elections will be held on January 10, 2017.  (Representational image)
 The government has issued the election notification on December 7, 2016 and the elections will be held on January 10, 2017. (Representational image)
Hyderabad: Many prominent Muslim personalities are competing to become members of the Telangana State Wakf Board as membership provides scope for lucrative ‘backdoor’ income, privileges and protocol advantages. Elections are scheduled for January 10.
The Board has properties across the state and more particularly in Hyderabad worth hundreds of crores. Though the Board receives meagre income, the unofficial income generated through these properties is a major factor for the competition for membership.

Sources said that there is every possibility for the member to make money right from the issuance of marriage certificate, transfer of tenancy or lease rights to transfer successorship of mutawallis.
wakf
Section 63 of the Wakf Act empowers the Boa-rd to appoint mutawallis to the managing committees of Wakf institutions. It was an open secret that money — about Rs 1 lakh — chan-ges hands in appointment of each mutawalli.
Mr Iliyas Shamshi, president of Reformist Front of India, said persons running Wakf institutions try hard to acquire a berth on the board as it would help in protecting the interests of Wakf institutions which are in their control.
He said, “Once such persons get a berth, people generally fear to lodge complaints against them though there are glaring irregularities in the institutions run by them. Even if complaints are lodged against them, they have every opportunity to hush up such complaints.”
Mr M.K. Hasan, a Wakf activist, recalled that about two years ago the special officer of the erstwhile AP Wakf Board cracked the whip against several muta-wallis including one in the city for allegedly selling Wakf land.
He said, “As per the Wakf Act, the Board has the power to lease out the properties by fixing the annual or monthly rental. Board members play a key role in fixing rentals. The rental rate always depends on the understanding between the members and the lease holders.”
Mr Mohammed Faruque, chief patron of Shaheen Society, which works for the uplift of Muslim women and protection of Wakf properties, said that as per protocol, Board members were entitled to get invitations for official functions and they used the opportunity to lobby.

Monday, December 5, 2016

Telangana: Loans to get easy for tenant farmers

Telangana: Loans to get easy for tenant farmers

   S A ISHAQUI


New Telangana tenant law to remove ‘tiller will be owner’ clause.
Lack of this access had been driving farmers to suicide in many cases. (Representational image)
 Lack of this access had been driving farmers to suicide in many cases. (Representational image)
 
 
Hyderabad, Dec 5 :The Telangana state government has decided to amend the AP (Telangana Area) Tenancy & Agriculture Act, 1950, to provide farmers access to institutional credit. Lack of this access had been driving farmers to suicide in many cases.
Tenant farmers are excluded from the formal financial sector because they don't have land titles. Though the existing Act mandates a written lease agreement between tenant and land holder and requires a copy of every lease to be presented to the tahsildar concerned, many land owners don’t enter into written agreements fearing that they may lose the right to their land if the lease is recorded.

According to legal experts, the provision under the Act for ’adverse possession’ is the main hurdle in recording the lease in the record of the revenue department. The provision confers ownership or occupancy right on a tenant who has cultivated the land continuously over a long period of time.
In its draft Model Agricultural Land Leasing Act, 2016, NITI Aayog had suggested removing the clause of adverse possession in land laws of various states as it interferes with free functioning of the land lease market.
Studies of farmers’ suicides conducted by district collectors in Telangana state suggest that all the deaths are due to the inability to repay private loans that charge huge interest rates. In the absence of lease agreements, tenant farmers are forced to depend on private sources to meet their credit requirements.
The survey conducted by the National Sample Survey Organisation revealed that a negative growth rate of over 10 per cent registered in the agricultural sector was due to lack of access to adequate institutional credit, as well as persistent crop failures, rise in input co-sts, irrigation facilities, fake seeds and increa-sed use of fertilisers.
Telangana Deputy Chief Minister Mohammed Mahmood Ali said that the government had sought the assistance of Nalsar University to prepare an affective law that would protect the interests of tenant and land owners.
Though the existing Act provides for a five-year lease, many owners lease their land only for one or two crop seasons, fearing that a longer lease will lead to their losing their land.
Tahsildars must be made accountable
Tenant farmers will have access to institutional credit only when tahsildars level are made accountable for issuing tenancy certificates, said Mr Saramp-alli Malla Reddy, leader of the All India Kisan Sabha.
He wants the provisions of the proposed new law to include stringent penal provisions if tahsildars fail to issue certificates. He said that in December 2011, the erstwhile AP government had passed the Land Licensed Cultivators Act to grant tenant farmers access to institutional credit by giving them annual loan eligibility cards.
He said that though there was a provision in law for tenant farmers to enter their names in the revenue records, the tahsildar has to enter their name without the consent of the land holder in a column marked for the purpose.
He said making an entry in the column wo-uld not give any right to the tenant to claim title over the land, yet officials don’t enter their names due to pressure from landlords.


 Lack of this access had been driving farmers to suicide in many cases. (Representational image)
Hyderabad: The Telangana state government has decided to amend the AP (Telangana Area) Tenancy & Agriculture Act, 1950, to provide farmers access to institutional credit. Lack of this access had been driving farmers to suicide in many cases.
Tenant farmers are excluded from the formal financial sector because they don't have land titles. Though the existing Act mandates a written lease agreement between tenant and land holder and requires a copy of every lease to be presented to the tahsildar concerned, many land owners don’t enter into written agreements fearing that they may lose the right to their land if the lease is recorded.

According to legal experts, the provision under the Act for ’adverse possession’ is the main hurdle in recording the lease in the record of the revenue department. The provision confers ownership or occupancy right on a tenant who has cultivated the land continuously over a long period of time.
In its draft Model Agricultural Land Leasing Act, 2016, NITI Aayog had suggested removing the clause of adverse possession in land laws of various states as it interferes with free functioning of the land lease market.
Studies of farmers’ suicides conducted by district collectors in Telangana state suggest that all the deaths are due to the inability to repay private loans that charge huge interest rates. In the absence of lease agreements, tenant farmers are forced to depend on private sources to meet their credit requirements.
The survey conducted by the National Sample Survey Organisation revealed that a negative growth rate of over 10 per cent registered in the agricultural sector was due to lack of access to adequate institutional credit, as well as persistent crop failures, rise in input co-sts, irrigation facilities, fake seeds and increa-sed use of fertilisers.
Telangana Deputy Chief Minister Mohammed Mahmood Ali said that the government had sought the assistance of Nalsar University to prepare an affective law that would protect the interests of tenant and land owners.
Though the existing Act provides for a five-year lease, many owners lease their land only for one or two crop seasons, fearing that a longer lease will lead to their losing their land.
Tahsildars must be made accountable
Tenant farmers will have access to institutional credit only when tahsildars level are made accountable for issuing tenancy certificates, said Mr Saramp-alli Malla Reddy, leader of the All India Kisan Sabha.
He wants the provisions of the proposed new law to include stringent penal provisions if tahsildars fail to issue certificates. He said that in December 2011, the erstwhile AP government had passed the Land Licensed Cultivators Act to grant tenant farmers access to institutional credit by giving them annual loan eligibility cards.
He said that though there was a provision in law for tenant farmers to enter their names in the revenue records, the tahsildar has to enter their name without the consent of the land holder in a column marked for the purpose.
He said making an entry in the column wo-uld not give any right to the tenant to claim title over the land, yet officials don’t enter their names due to pressure from landlords.

Thursday, November 10, 2016

Hyderabad High Court to hear plea on demonetisation

Hyderabad High Court to hear plea on demonetisation

The bench told counsel that the matter will be listed in the usual course on Thursday.
Hyderabad High Court
 Hyderabad High Court
Hyderabad: The Hyderabad High Court will hear a petition on Thursday seeking to declare the action of the Centre in withdrawing Rs 500 and Rs 1,000 rupee notes from circulation from the midnight of Nov 8 and the notification issued in this regard under Sub Section 2 of Section 26 of the Reserve Bank of India Act, 1934 as illegal.
Mr K. Srinivas, a practicing advocate in the city, moved the plea against the action of the Centre and also challenged Section 26 (2) of the RBI Act which empowers the Centre to take such action on the basis of recommendations of the Direct Taxes Commission.

Mr P.V. Krishnaiah, counsel for the petitioner, made a mention before a division bench comprising acting Chief Justice Ramesh Ran-ganathan and Justice A Shankar Narayana urging it to take up the hearing as the Centre’s decision had caused inconvenience to the public.
The bench told counsel that the matter will be listed in the usual course on Thursday. He said it had become necessary to challenge provision of the RBI Act which gave arbitrary power to the Centre without prescribing guidelines as to how to exercise such power and under what circumstances it could be exercised. He said the modalities and procedure to exercise such power need to be examined. He said that several High Courts had held that giving such power without prescribing any Act or Rule was arbitrary and illegal.
Mr S. Sriram, advocate at the High Court, who is well-versed with financial matters said, “It is a policy decision of the Centre. No decision is beyond the judicial scrutiny of law courts. The courts may exercise its power applying the parameters of law to test whether the decision is in the overall public interest or not and all alternative methods to not cause inconvenience to the public are in place or not.”

Wednesday, June 15, 2016

Telangana Wakf Board sits on a goldmine, ignores several assets

Telangana Wakf Board sits on a goldmine, ignores several assets

DECCAN CHRONICLE. | S A ISHAQUI
Published Jun 14, 2016, 2:00 am IST
Updated Jun 14, 2016, 7:37 am IST
Board has ignored several assets which it can use to raise revenues.
A picture of the Haj House at Nampally, Hyderabad. The Wakf Board is sitting on several parcels of land which can be developed to earn revenue.
 A picture of the Haj House at Nampally, Hyderabad. The Wakf Board is sitting on several parcels of land which can be developed to earn revenue.
Hyderabad: Several prime properties in Hyderabad that would otherwise have fetched crores to the Telangana State Wakf Board, have been lying vacant for several decades. Though the Board had identified the properties long ago to generate additional income, no concrete steps have been taken so far.
Sources said that the Board has a yearly income of only Rs 5 crore though it has huge tracts of lands in various districts of the state and also prime properties in the capital city. This Rs 5 crore gets exhausted every year for paying salaries to staff and also for maintenance.
As per provisions of the Wakf Act, the Board has an obligation to protect Wakf properties and also maintain them. It also has a statutory obligation to take care of the welfare of destitute, orphans and widows of the Muslim community.
Sources said that currently the Board was giving pensions to a few widows by depending on grants-in-aid from the government every year. Elders of the community say that if the Board develops the properties it has, it will generate crores in revenues every year which in turn would enable it run old-age homes and orphanages, besides giving pensions to Muslim widows.
InfographicInfographic
A senior officer in the Board said that there was a provision in the Wakf Act to develop Wakf properties by inviting private players to fetch revenue for the Board.
The relevant provision in the Wakf Act states:  “In case the Board is satisfied that any Wakf property may be developed for the purposes of the Act, it may, after recording the reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing a recommendation of development of such Wakf property, which shall be passed by a majority of two-thirds of the total membership of the Board."
Mr Altaf Hyder Rizvi, a former Wakf Board member, said that the Board had constructed a huge complex besides the Haj House long ago without taking a single rupee from the state government. He said that the complex was still lying idle.
When there was an elected committee in the Board before bifurcation of the state, it had decided to rent out the building, but the proposal is still pending with the government. Several other vacant lands of the Board also remain unused, he added.
Wakf proposals lie with state
The TS Wakf Board has identified 26 properties in the city and its surroundings to develop on Build-Operate-and-Transfer basis.
According to Mr Syed Omer Jaleel, special secretary of the minorities’ welfare department, the Board had sent a proposal to the state government for six properties that required immediate attention to generate more revenues for the Board.
He said that as per the Wakf Act, the state government’s approval is mandatory for giving Wakf properties to private parties for development. He said, “Though we had send the proposal long back, the government has been examining all the aspects to avoid unnecessary litigations. Recently we have orally reminded the government about the pending proposal.”

Wednesday, June 8, 2016

IB probes reason behind delay in Hyderabad HC bifurcation

DECCAN CHRONICLE.
Published Jun 7, 2016, 1:58 am IST
S A Ishaqui
The Hyderabad High Court had ruled that the high court of a particular state has to be located within its territorial jurisdiction.
Hyderabad High Court
 Hyderabad High Court
Hyderabad: The Intelligence Bureau has been inquiring into the delays in bifurcation of the common High Court between AP and Telangana states.
In the backdrop of T-advocates launching an agitation demanding bifurcation of the High Court and also against the provisional allocation of subordinate judicial officers between the two states, the IB has asked its local officers in Hyderabad to submit a report on the agitation and also on the reasons behind the delay in bifurcation of the High Court.
According to sources, the IB officers in the city have prepared a report informing their higher-ups in Delhi that as per the provisions of the AP Reorganisation Act, 2014 it is the AP government which has to provide either temporary or permanent accommodation for the establishment of the separate High Court in AP.
Though the Centre has already allocated funds for Raj Bhavan, Secretariat and High Court, the AP government has not allocated the accommodation for establishment of the High Court, the report mentions. This, the sources quote the report as saying, is the main stumbling block behind the bifurcation of the judiciary between the two states.
Once the AP government allocates accommodation, either temporary or permanent, for the High Court and residences for judicial officers, it is for the Supreme Court and the Centre to take steps for issuance of a notification by the President constituting the separate High Court.
IB sources revealed that intelligence wing officers in the city cited the Constitutional provisions and procedure contemplated under the Reorganisation Act for the constitution of the separate HC for AP, in their report.
The sources said that the IB officers also cited the circumstances led to court work being paralysed across the state, except in the common High Court, on Monday, due to the stir by subordinate judicial officers, judicial employees and T-advocates against the provisional allocation of subordinate judicial officers between AP and TS.
The IB officers reported to their higher-ups that the HC verdict, categorically ruling that the high court of a particular state has to be located within its territorial jurisdiction when the TS government come forward to provide temporary accommodation for a separate HC for AP in Hyderabad till the AP government provided suitable accommodation for the court in that state.

Tuesday, May 31, 2016

Telangana Wakf Board awaits GHMC cash

Telangana Wakf Board awaits GHMC cash

DECCAN CHRONICLE. | S A ISHAQUI
Published May 30, 2016, 12:43 am IST
Updated May 30, 2016, 12:43 am IST
GHMC yet to pay compensation for properties taken over by it.
The corporation has been acquiring Wakf lands for road widening and other things since many years but has hardly paid any compensation.
 The corporation has been acquiring Wakf lands for road widening and other things since many years but has hardly paid any compensation.
Hyderabad: The apathy of the State Wakf Board has cost it about Rs 400 crore in compensation from the GHMC.
The corporation has been acquiring Wakf lands for road widening and other things since many years but has hardly paid any compensation. Sources said that the claims of compensation have been pending for two decades and none of the officers of the Board has bothered to recover it from the civic body, apart from sending out reminders.
Citing an example of a property located in Begumpet where the City Police Commissioner’s Task Force Office was housed earlier, sources said parts of the property were acquired in 1999 and 2006 for road widening and recently for a third time for Metro Rail.
The Board got Rs 27 lakh as compensation for the land acquired for Metro Rail. Compensation claims for land acquired on the earlier two occasions are still pending with the GHMC.
Several properties belonging to the Wakf Board in the Afzalgunj-Yerragadda stretch were acquired by the GHMC for road widening, including the maqbara of Faqrul Mulk at Ameerpet, and for Metro Rail.
Compensation of Rs 1,85 crore was deposited to the Board for only one property and also in the name of a self-styled mutawalli. Former Board member Altaf Hyder Rizvi said that 650 cases of compensation were pending with the GHMC.
When contacted Mr Asadullah, CEO of the Wakf Board, said that in many of the cases, the GHMC had acquired Wakf land without notice to the Board, which was illegal.
When the Board and the special secretary of the minority welfare department brought this to the notice of Chief Minister K. Chandrasekhar Rao, he instructed the GHMC to sort out the issue and pay compensation.
The GHMC informed the Board that it had paid compensation in some of the cases to mutawallis to which the Board objected; mutawallis were caretakers of properties and the Board owned the property.
The GHMC had also claimed that some properties were acquired by invoking Sections 145 and 146 of the GHMC Act which empower the corporation to acquire properties with mutual consent of the property owners, Mr Rizvi added.
He said, “In such cases too, notice and written mutual consent are mandated and that is why we sought the GHMC to furnish copies of notices and mutual consent letters to the Board. We are yet to receive the copies; after receiving them the Board will represent to the government for recovery of compensation.”

Friday, May 27, 2016

Telangana asks Centre to intervene in allocating judicial officers

DECCAN CHRONICLE.
Published May 26, 2016, 1:33 am IST
S A Ishaqui
Union law minister asked not to process judges recommendations.
Telangana told minister that out of nine persons recommended for the post of High Court judges, only three were from Telangana.
 Telangana told minister that out of nine persons recommended for the post of High Court judges, only three were from Telangana.
Hyderabad: The TS has sought intervention of the Union Law Minister in allocation of subordinate judicial officers between AP and TS and also in appointment of judges to the High Court.
Special Representatives of the TS government in Delhi, S. Venugopala Chary and Ramachandra Tejawat, met Law Minister Sadananda Gowda and submitted a representation.
During the meeting, both the representatives complained to the minister that neither the Governor nor the Acting Chief Justice consulted the TS Chief Minister while recommending nine names for the appointment of High Court judges. However they consulted the AP Chief Minister.
Through the representation, they brought to the notice of Mr Gowda that, knowing fully well that Acting Chief Justice is on transfer by elevating him to the post of Chief Justice and another judge, Justice G. Chandraiah is retiring soon, the collegium met on April 30, 2016 and recommended nine names of judicial officers and advocates for posts of judges of High Court.
They told the minister that out of nine persons recommended for the post of High Court judges, only three were from Telangana. Referring to recent provisional allocation of subordinate judicial officers between both states, they said that 95 officers of district judge cadre were allotted to Telangana state, of whom 46 are natives of AP.
The special representatives said that as against 140 district judge cadre posts in AP only 110 officers were allocated, leaving 30 vacancies. Similarly, allocations were made leaving vacancies in the cadre of senior civil judges and junior civil judges.
They urged Mr Gowda not to accord sanction or process the judges’ recommendations unless the TS Chief Minister is also consulted on the issue. They requested that steps be taken to rectify the situation. After the meeting, Mr  Chary and Mr Tejawat said that Mr Gowda responded positively and promised that he will examine the matter.
Meanwhile T-Advocates JAC on Wednesday announced that it would launch a massive state-wide agitation from June 1 for creation of a separate High Court for AP and also in protest against provisional allocation of judicial officers among both states.
T. Sriranga Rao, Goverdhan Reddy and other leaders of TAJAC on Wednesday said that the Centre has been showing discrimination against TS in all aspects, including power, irrigation projects and bifurcation of the Common High Court.
Claiming that BJP and Congress leaders of TS were responsible for the affairs prevailing in the state, they demanded that the Centre take immediate steps to constitute separate High Court for AP.
While recalling the assurance given by Mr Gowda during his visit to Hyderabad that the Centre would take immediate steps for separation of Common High Court, the TAJAC leaders alleged that the Centre betrayed the Telangana people.
Mr Sriranga Rao demanded that the Centre bring out an ordinance if necessary for establishment of separate High Court for AP similar to what was done earlier in merger of seven mandals of TS with AP.
The TAJAC leaders warned the Centre that a massive agitation will be launched from June 1 along with employees of judiciary and judicial officers if the Centre fails to take steps to constitute the separate High Court and rectify the provisional allocation of subordinate judicial officers.

Monday, May 16, 2016

Telangana, AP bifurcation: Judicial officers want fair divide

Telangana, AP bifurcation: Judicial officers want fair divide

DECCAN CHRONICLE. | S A ISHAQUI
Published May 15, 2016, 2:51 am IST
Updated May 15, 2016, 3:08 am IST
Telangana judicial officers say that the provisional list was prepared based on majority opinion.
Now judicial officers have decided to protest against their allocations. (Representational image)
 Now judicial officers have decided to protest against their allocations. (Representational image)
Hyderabad: For the first time in the history of the judiciary of Andhra Pradesh and Telangana state, TS subordinate judicial officers have resolved to take up a massive agitation against the allocation of subordinate judicial officers between the two Telugu states.
After the bifurcation Andhra Pradesh, the allocations of All India Service Officers, employees of universities and power utilities of both states landed in legal tangles. Now judicial officers have decided to protest against their allocations.
Sources close to the Telangana Judicial Officers Association said that juridical officers had decided go on mass casual leave if the registry refuses to prepare a fresh list as the present allocation is contrary to the guidelines issued by the High Court on February 26, 2016 and to Sections 77 to 79 of the AP Reorganisation Act, 2014.
Telangana AP bifurcation (Infographics)Telangana AP bifurcation (Infographics)
They also resolved to express their dissatisfaction against the allocation by wearing black badges during lunch hours from June 3 in front of their respective courts. The association has authorised the executive committee to decide on the date to go on the mass casual leave.
The Telangana judicial officers say that the provisional list was prepared based on majority opinion in a full court meeting held on April 30, 2016 ignoring the guidelines and the provisions of the Act.
They are of the opinion that the surplus allocation of non-local candidates in the state will hamper the chances of the younger generation of TS aspirants to enter judicial service as vacancies will arise only after five to six years if this provisional allocation is allowed.
Sources revealed that the main contention of the judicial officers was that no Act, statue, rule or guideline permitted the High Court to allocate purely on the basis of options without regard to their place of birth or nativity.
They are of the opinion that the allotment appeared to be an arithmetic exercise, not scientifically done either on the basis of 60:40 or 48: 52 ratios as specified in the bifurcation Act.
They point out that the first guideline of the High Court is: “The allocation shall be done in the order of seniority as available on June 2, 2014. Preference shall be given first to those who have opted for the state in which the district declared by them at the time of entering into service.”
The third guideline specifies: “If still there are vacancies in one state and officers are found to be in surplus in another state, they shall be allotted to either of the states at the discretion of the Chief Justice.”

Tuesday, May 3, 2016

NEET has no clarity on dealing with quotas

NEET has no clarity on dealing with quotas

DECCAN CHRONICLE. | S A ISHAQUI
Published May 2, 2016, 12:58 am IST
Updated May 2, 2016, 2:50 am IST
Quotas vary between states, MCI silent on handling them.
The Medical Council of India notifications issued in 2010 and 2012 to hold Neet for medical and dental college admissions stipulated that reservation of seats for the respective categories will be done as per prevailing laws. (Representational image)
 The Medical Council of India notifications issued in 2010 and 2012 to hold Neet for medical and dental college admissions stipulated that reservation of seats for the respective categories will be done as per prevailing laws. (Representational image)
Hyderabad: With the Supreme Court ordering repeatedly that the National Eligibility-cum-Entrance Test (Neet) would cover all medical and dental college seats countrywide, confusion prevails over the status of state-level reservation quotas.
The Medical Council of India notifications issued in 2010 and 2012 to hold Neet for medical and dental college admissions stipulated that reservation of seats for the respective categories will be done as per prevailing laws. There was no specific mention of the reservation quota in individual states — each state has its own specific quota requirements. Tamil Nadu has 69 per cent reservation which is protected by the 9th Schedule of the Constitution, Maharashtra 52 per cent while Karnataka, AP and TS have 50 per cent.
In AP and Telangana, the 50 per cent quota includes the 4-per cent for Muslims.
Besides, each state has its own pecularities. The Reddy community is in the general category in TS and AP, but is listed as a Backward Class in Karnataka. It is not clear if a student from the Reddy community from AP or TS can claim reservation in Karnataka. Similarly, Muslims get  four per cent quota in TS and AP. It has not been clarified in the Neet order if a Muslim student from TS and AP can claim a seat in the general pool in.
neet
Now, the MCI said private college management should participate in the national pool for Neet by submitting 15 per cent of their seats. College managements and parents of medical aspirants have no idea how the 85 per cent of seats would be filled.
Now, out of 100 seats in a private college, half the seats form part of the convener quota for merit students. There is a 35 per cent management quota, and a 15 per cent is NRI quota. The MCI has not said how these quotas will be adjusted.
Legal experts wait to see how states react
Legal experts are waiting to see how the Medical Council of India goes ahead with a common nationwide admission process when each state has its own set of rules. High Court advocate S. Sriram, who has studied Medical Council of India matters, pointed out that so far there was no clarity with regard to the reservation and admission process. He said, “While a common entrance test and transparent admission process is welcome, hasty implementation of a policy that lacks clarity would only create confusion among students.”
Maintaining that special status accorded to TS and AP has to be looked into while bringing them under the purview of Neet, Mr Sriram said, “The requirements of the Presidential Order and the implications of Section 95 of the AP Reorganisation Act need to be looked into.”
The Presidential Order provides for “regional equalities” for students between  TS and AP. Dr N Appa Rao of the Indian Medical Association, who secured a stay of the Neet notification in 2011-12, said local students would suffer if both government did not resist Neet.
He said a majority of students in the two Telugu states are strong in the biological science stream whereas students from northern states are better prepared in physics and chemistry. This could render the results askew. He reminded that in 2012, the then AP High Court had stayed Neet in undivided AP after considering the fact that the provisions in the MCI notification for Neet were in violation of the special status granted to the state.
Telangana Private Medical and Dental Colleges Association president C. Lakshmi Narasimha Rao said the group will hold its own entrance test this year to fill B category seats.Vice-chairman Syed Azaz-Ur-Rahman of the Shadan Educational Society, which runs the Shadan Medical College, said, “We and Owaisi Medical College made admissions based on Eamcet rankings without conducting a separate test, though we have the right to hold the test.
This time we await the final outcome of the hearings on Neet in the Supreme Court.” He said, “We are told that state rankings will be awarded by taking state as a unit in the results of the Neet.”

Friday, April 22, 2016

Hyderabad HC suspends interim order on Monsanto seeds

Hyderabad HC suspends interim order on Monsanto seeds

DECCAN CHRONICLE. | S A ISHAQUI
Published Apr 21, 2016, 3:31 am IST
Updated Apr 21, 2016, 3:31 am IST
The Telangana government issued a GO Rt No 238 on May 11, 2015 by fixing Rs 50 as royalty per packet cotton seed.
The government had preferred an appeal before the Bench.
 The government had preferred an appeal before the Bench.
Hyderabad: A division bench comprising acting Chief Justice Dilip B. Bhosale and Justice P. Naveen Kumar of the Hyderabad High Court on Wednesday suspended an interim order granted by a single judge staying the Telangana government’s decision of fixing Rs 50 as royalty per packet of BT cotton seeds, till June 14.
A single judge had granted the stay on the decision of the government in a petition moved by Mahyco Monsanto Biotech (India) Pvt Ltd, challenging a GO issued by the government fixing Rs 50 as royalty per packet of BT cotton seeds.
The government had preferred an appeal before the Bench, which had ordered the registry to list all the cases regarding disputes on BT cotton sale price. When these batches of petitions come up for hearing, the Bench sought the counsels to complete their pleadings on Wednesday so that it could deliver the final order.
The counsel appearing for the Telangana government submitted that it would be difficult for them to complete their pleading in such a short span of time and urged the court to adjourn the matter till after the summer vacation and suspend operation of the single judge’s order till then.
He said if the single judge’s order remained in force, it would give scope for the company to get similar orders from other High Courts in the country. Though the counsel for Monsanto opposed the contention of the government counsel, the Bench granted the interim order by suspending the single judge’s order till June 14.
The Centre has mooted a proposal to fix an uniform price for BT cotton seeds across India. The state government recently received a communication from the Centre in this regard.
Biodiversity board seeks royalty from monsanto
The Andhra Pradesh Biodiversity Board, a statutory body set up by the Union government under the Biological Diversity Act, 2002, is seeking royalty payments from Monsanto India Ltd for genetic information it alleges was “stolen” from Bacillus Thuringiensis (BT) bacteria found in the soils of Mahanandi village in Kurnool district.
Monsanto has strongly denied the allegation claiming that there was absolutely no BT research Andhra Pradesh. When contacted, board chairman R. Hampaiah said BT bacteria found in the soil of Mahanandi in Kurnool district in AP had been used in developing the indigenous version of BT cotton capable of resisting Indian bollworm strains.

Saturday, March 19, 2016

Hyderabad HC ruling allows Roja’s return to AP Assembly

Hyderabad HC ruling allows Roja’s return to AP Assembly

DECCAN CHRONICLE. | S A ISHAQUI
Published Mar 18, 2016, 2:24 am IST
Updated Mar 18, 2016, 8:49 am IST
Order not an endorsement of petitioner’s conduct, says Judge
Judge said that the order would not preclude the House from taking any appropriate action pursuant to the pending privilege proceedings.
 Judge said that the order would not preclude the House from taking any appropriate action pursuant to the pending privilege proceedings.
Hyderabad: The Hyderabad High Court on Thursday paved the way for YSR Congress MLA Ms R.K. Roja to attend the ongoing Budget Session of AP Legislative Assembly by granting an interim suspension of a motion moved by the House suspending the MLA from attending Sessions for a year.
The AP Assembly had unanimously passed a resolution to suspend Ms Roja from Nagari Assembly segment in AP on December 18, 2015, during the discussion on call money issue, on the ground of obstructing the proceedings of the House and also allegedly making derogatory remarks against Chief Minister N. Chandrababu Naidu.
hc roja
Ms Roja had initially challenged her suspension before the High Court followed by the Supreme Court, which had reverted the matter back to the High Court.
Justice A. Ramalingeswara Rao, who concluded the hearing on Wed-nesday, granted an interim order in favour of the petitioner by observing that “since this court came to the prima facie conclusion that motion carried out was contrary to Rule 340 of the Rules of the House, this Court has to consider the balance of convenience in the instant case.”
The judge added, “The petitioner is an elected member of the Assembly and in the normal course she is entitled to participate in the proceedings. If the suspension is continued during the pendency of the petition, the right of participation would be affected and cannot be restored in the event of her success in the case. Hence, there shall be an interim suspension of the motion, pending disposal of the petition.”
While granting the interim order, the judge made it clear that the order was not an endorsement of the conduct of the petitioner on December 18, 2015 in the House or against the authority of the Speaker to take action against the erring member, but only a prima facie expression of the legality of the motion passed on the day.
He added that the order would not preclude the House from taking any appropriate action pursuant to the pending privilege proceedings.
While adjourning the case for four weeks, the judge noted that the issu-es with regard to the ap-plication of principles of natural justice in a case like this, whether the Ho-use possessed the power to suspend a member etc. had to be considered in detail in the petition.

Friday, March 18, 2016

HC sets aside resolution seeking suspension of Roja from AP Assembly

HC sets aside resolution seeking suspension of Roja from AP Assembly

DECCAN CHRONICLE. | S A ISHAQUI
Published Mar 17, 2016, 11:54 am IST
Updated Mar 17, 2016, 11:54 am IST
The judge found that prima facie the House has no power to suspend a member.
YSRCP MLA R K Roja. (Photo: DC)
 YSRCP MLA R K Roja. (Photo: DC)
Hyderabad: The Hyderabad High Court on Thursday set aside the resolution passed by the Andhra Pradesh Legislative Assembly suspending YSRCP MLA R K Roja of Nagari Assembly segment for a period of one year.
While granting the interim order on petition by Ms Roja, Justice A Ramalingeswara Rao said that the suspended MLA at liberty to attend on going Assembly session of AP.
The judge found that prima facie the House has no power to suspend a member under Rule 340 of Assembly Rules for a period of one year, the Rule has given power to the House to move a motion against the member for suspension of member for that particular session.
The judge felt that balance of convenience is in favour of the petitioner and set aside the resolution and adjourned the hearing for four weeks.

Wednesday, March 9, 2016

Many sedition cases since Independence failed legal test

Many sedition cases since Independence failed legal test

DECCAN CHRONICLE. | S A ISHAQUI
Published Mar 8, 2016, 1:57 am IST
Updated Mar 8, 2016, 1:57 pm IST
All sedition cases, except one, weren’t upheld; court feels criticising government doesn’t mean disloyalty.
Jawarharlal Nehru University Student Union president Kanhaiya Kumar addresses media at the university campus along with other student leaders in New Delhi after he was granted bail.
 Jawarharlal Nehru University Student Union president Kanhaiya Kumar addresses media at the university campus along with other student leaders in New Delhi after he was granted bail.
Hyderabad: Many sedition cases booked since Independence have failed to withstand judicial scrutiny, except in Kedar Nath v State of Bihar where the Supreme Court upheld the charge, with certain caveats in 1962.
In one of the earliest cases, the Punjab-Haryana High Court in Tara Singh Gopi Chand v the State on November 28, 1950, struck down Section 124A of the Indian Penal Code, which defines sedition, holding it to be unconstitutional as it was contrary to the freedom of speech and expression guaranteed under Article 19(1) (a).
Eight years later, in Ram Nandan v State of UP, the Allahabad HC held that Section 124A imposed restrictions on the freedom of speech which was not in the interest of the general public and declared it ultra vires.
Ram Nandan, who was fighting for the cause of farmers and agricultural labour in UP, was charged with sedition for an inflammatory speech on May 29, 1954, accusing the Congress rule of not being able to address extreme poverty in the state and exhorting cultivators to form an army and overthrow the government if needed.
Read: Sloganeering is not sedition
He accused the then PM Jawaharlal Nehru of being a traitor for dividing the country. These decisions were overruled in 1962 by the Supreme Court in Kedar Nath, stating that any law which is enacted in the interest of public order “may be saved from the voice of constitutional invalidity.”
Case studies since independence on seditionCase studies since independence on sedition
Kedar Nath was a member of Forward Communists Party of Bihar and was charged with sedition for accusing the Congress government of corruption, and targeting Vinobha Bhave’s attempts to redistribute land, at a speech in Barauni in 1953. A five-judge bench of the SC headed by Chief Justice B.P. Sinha upheld Section 124A, stating that it is intra vires.
Justice Sinha, however, laid down certain caveats. He observed, “Comments, however strongly worded, expressing disapprobation of the actions of the government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal. In other words, disloyalty to the government established by law is not the same thing as commenting in strong terms upon the measures or acts of the government, or its agencies, so as to ameliorate the condition of the people...”
Read: No arrest so far in sedition cases in Telangana
In Balwant Singh and Another v State of Punjab in 1995, the SC held that the casual raising of slogans once or twice by two individuals alone cannot be aimed at exciting or attempting to excite hatred or disaffection towards the government as established by law in India. The duo had raised anti-India slogans on October 31, 1984, the day Indira Gandhi was assassinated.
In Indra Das v State of Assam as recently as 2011, the top court ruled that the provisions of Section 124A have to be “read in a manner so as to make them in conformity with the Fundamental Rights”.
The word sedition has  not been defined in the Constitution. Section 124A which is part of Chapter VI of the Indian Penal Code, deals with “offences” against the State.
It defines sedition as “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring in hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
Sedition was not a part of the original Indian Penal Code enacted in 1860 by the British government. It was introduced in 1870 to quell the freedom struggle and retain imperial power.
After sedition was introduced as a crime, British courts in India convicted Bal Gangadhar Tilak, Annie Besant, and Mahatma Gandhi.
Gandhi after his prosecution in 1922 for sedition, said, “Section 124 A is perhaps the prince among the political sections of Indian Penal Code designed to suppress the liberty of a citizen.”

Thursday, February 25, 2016

ISIS not linked to Islam, say scholars

ISIS not linked to Islam, say scholars

DECCAN CHRONICLE. | S A ISHAQUI
Published Feb 24, 2016, 6:46 am IST
Updated Feb 24, 2016, 6:46 am IST
Scholars say, stay away from extremism, unjust use of power.
Islamic State fighters (Photo: AFP)
 Islamic State fighters (Photo: AFP)
Hyderabad: Prominent Muslim scholars across the country and abroad who had gathered in the city to participate in an international conference on the life and teachings of Prophet Mohammed, on Tuesday unanimously resolved and declared terror outfits like the ISIS as not even remotely associated with the idea of Islam. Their deeds and actions were absolutely un-Islamic and against humanity, they said.
The three-day conference held by Al Mahad al Aali Isalmi, an Islamic institution founded by noted Islamic scholar Maulana Khalid Saifullah Rahmani, concluded on Tuesday night with a public meeting. Earlier in the day, Islamic scholars Maulana Syed Wali Rahmani, Maulana Sajjad Noumani, Khalid Saifullah Rahmani – members of the All India Mus-lim Personal Law Board –  and Maulana Khaled Hussain Siddiqui, secretary, Jamiat-ul-Ulema (Nepal) addressed a seminar on the determined stand of Muslims against the ISIS and its threat to humanity.
The scholars made it clear that the Shariah forbade the murder or killing of innocent people. According to Quranic teachings, “whoever kills a person (unjustly) it is as though he has killed all mankind. And whoever saves a life it is as though he has saved all mankind.” The scholars urged people, particularly Muslim youth, to refrain from extremism and unjust use of power as Islam teaches Muslims to respect and protect the life, wealth, assets and dignity of people irrespective of their beliefs.
The conference resolved to seek a global law that mandates respect of all religions from the UN. The scholars said: “When the sentiments of a particular group are hurt, no one condemns it and instead the same strata condemn the reaction of the affected groups… This brews the feelings of hatred, enmity and violence among the affected people. Use of force is not the solution.”

Wednesday, February 24, 2016

Telangana courts test of its powers

DECCAN CHRONICLE. | S A ISHAQUI
Published Feb 23, 2016, 2:05 am IST

Telangana govt has amended laws, sometimes repeatedly, through GOs and Ordinances.
According to K Ramakrishna Reddy, Section 101 empowered the govt to adapt, repeal or amend laws by executive order for two years. (Representational image)
 According to K Ramakrishna Reddy, Section 101 empowered the govt to adapt, repeal or amend laws by executive order for two years. (Representational image)
Hyderabad: The Telangana state government’s stand that it has the power, under the AP Reorganisation Act, 2014, to repeatedly amend laws through executive order will come up for judicial scrutiny. Parliament had made a provision, in Section 101 of the Andhra Pradesh Reorganisation Act that enabled the Telangana state government to adapt, repeal or modify laws of undivided AP. According to Telangana state Advocate-General K Ramakrishna Reddy, Section 101 empowered the government to adapt, repeal or amend laws by executive order for two years from June 2, 2014, when the state was formed, without seeking legislative consent.
Advocate Sivaraju Srinivas, who is fighting the case against amending the Greater Hyderabad Municipal Corporation Act through an executive order, said, “The state government cannot use its powers under Section 101 arbitrarily. It amounts to the Executive usurping the power of the Legislature.” He said Section 101 empowered the government to amend or repeal a law through an executive order only once. It does not empower the government to make repeated changes to a law which is already adapted, through executive order.
Advocate S. Sriram, who is fighting cases against changes to laws pertaining to state universities to appoint vice-chancellors, said, “Section 101 is an exigency power, it cannot be an alternative to the Legislature and it does not have retrospective effect.” He said that after adapting a law, subsequent  changes can be made either by the Legislature or by way of Ordinance in case of urgency, but not through executive order.
The government is relying on a judgment delivered by the Jharkhand High Court on a similar issue of amending a law through executive order by citing Section 85 of the Bihar Reorganisation Act, 2000. In Rashmi versus State of Jharkhand, a division bench of the Jharkhand High Court ruled that once a state adopted an existing law, it would be treated as law that was in existence before the appointed day.
At High Court, the mood is of disapproval:
The Telangana state government has faced tough times in court on PILs that were moved against certain GOs that it issued to amend laws. The High Court has stated that it was prima facie satisfied that the state government has no power to amend a law by merely issuing a government order once it was adopted by citing the AP Reorganisation Act 2014.
The court was of the opinion that the balance lay in favour of the petitioners who moved PILs against the amendments carried out through executive orders, to the GHMC Act that reduced the schedule for the GHMC elections, another that introduced the Building Regularisation Scheme and a third to appoint vice-chancellors directly and withdrawing the power of the Governor by amending the laws governing different state.
Amendments made to the GHMC Act to allow more MLCs to register as ex-officio members of the GHMC have also been challenged. The High Court suspended this GO and has ordered status quo with regard to BRS. It has directed the government not to regularise illegal buildings but allowed it to receive applications for the scheme. The court declared that the appointment of vice chancellors, after amending university laws, would be subject to the outcome of the petition pending before it.
Interestingly, the court also made an oral observation after it came to know that the government has brought out an Ordinance after the court suspended the GO on MLCs as ex-officio members. The court said that it felt prime facie that the government had no power under the AP Reorgnisation Act, 2014 to repeatedly amend an Act which it had adopted. The court observed that this was evident from the action of the government in withdrawing its earlier order on the matter.

Sunday, February 14, 2016

Telangana wrests land in Puppalguda

Telangana wrests land in Puppalguda

DECCAN CHRONICLE. | S A ISHAQUI
Published Feb 13, 2016, 12:57 am IST
Updated Feb 13, 2016, 2:44 am IST
Hyderabad High Court rules Rs 8,000 crore worth land in favour of Telangana.
While observing that the CCLA had purportedly exercised its jurisdiction under the DPCR Act, the bench rejected petitions of claimants holding that they are convenient pleas to resist  the state and ruled that the petitions of the government are maintainable. (Representational image)
 While observing that the CCLA had purportedly exercised its jurisdiction under the DPCR Act, the bench rejected petitions of claimants holding that they are convenient pleas to resist the state and ruled that the petitions of the government are maintainable. (Representational image)
Hyderabad: In the biggest legal victory for the Telangana government since its formation, the Hyderabad High Court on Friday quashed an order allotting 250 acres in Puppalguda near Gachi-bowli and Banjara Hills to private individuals under the Displaced Persons (Compensation & Rehabilitation) Act.
The present market value of the land is estimated at Rs 8,000 crore.
A division Bench comprising acting Chief Justice Dilip B. Bhosale and Justice S.V. Bhatt had allowed petitions of TS challenging the allotment of property by the then chief commissioner of land administration of AP designated under Section 6(1) of Administration of Evacuee Property Act, 1950, on February 26, 2003 and June 28, 2006.
While observing that the CCLA had purportedly exercised its jurisdiction under the DPCR Act, the bench rejected petitions of claimants holding that they are convenient pleas to resist  the state and ruled that the petitions of the government are maintainable.
Allotment orders not based on records: High Court
The legal heirs of Parasuram Ramchand Mangir Malani and and Bhagwandas H. Makhija who were allotted the evacuee land, moved writs against the erstwhile AP government.
The court granted status quo in 2006. In 2007, the interim order was made absolute, directing the government and the allottees not to create any third party interests.
The government contended that the allotments were contrary to the provisions of the DPCR Act and the principles of natural justice. Neither the CCLA nor the secretary of Revenue had powers to entertain the belated claims, the government contended.
Pointing out that a huge scam was involved in the allotments, the bench said, “We are constrained to observe that shades of invisible characters have certainly played a vital role in obtaining the allotment orders impugned in the writ petitions, there is more than what meets the eye.”
The bench quashed the allotment orders holding that they were without jurisdiction, illegal, arbitrary and not based on material available on record. There was no application of mind to the facts of the case and relevant provisions of law, the bench stated.
While observing that the CCLA had purported exercise of his jurisdiction under the DPCR Act, the bench rejected the contention of the claimants and stated: “We hope and trust that the state government, being custodian of public property, will undertake an inquiry into the subject allotment orders and take appropriate action against all the persons responsible for and involved in this scam.”

Monday, February 8, 2016

Women oppose Supreme Court Sharia move

Women oppose Supreme Court Sharia move

DECCAN CHRONICLE. | S A ISHAQUI
Published Feb 7, 2016, 1:32 am IST
Updated Feb 7, 2016, 1:32 am IST
Dr Muftia Rizwana Zareen, principal of Jamiat-ul-Mominath said marriage of a widow or a divorced woman is encouraged in Islam.
Supreme Court
 Supreme Court
Hyderabad: Female Islamic scholars said that the Muslim Personal Law contained safeguards to protect the rights of women. They said they were opposed to the move of the Supreme Court to examine the rights of Muslim women on issues concerning marriage, divorce and maintenance under the personal law.
Dr Rafath Seema, Islamic scholar and Principal of Jamia Riyaz-us-Salihat, said there was a misconception about the system prescribed under the Sharia for divorce and second marriage by men.
Though verbal expression by a husband is enough for a divorce in Sharia, the process needs to pass through three stages, she said.
Consultations between wife and husband, counselling by elders in the family and the community are provided under the Sharia before the divorce.
“There are several instances of misinterpretations of the system of divorce among Muslims. This is taking place due to a  lack of knowledge about the Sharia,” she said.
Dr Muftia Rizwana Zareen, principal of Jamiat-ul-Mominath said marriage of a widow or a divorced woman is encouraged in Islam.
Aquila Khamoshi, member of the Women Personal Law Board, said, “It is not proper for anyone to judge the status a woman enjoys in Islam without having proper understanding. Sharia gives women the right to their due share in inheritance of  property.”

Sunday, February 7, 2016

GHMC election results: TRS win is complete

GHMC election results: TRS win is complete

DECCAN CHRONICLE. | CH VM KRISHNA RAO AND SA ISHAQUI
Published Feb 6, 2016, 2:13 am IST
Updated Feb 6, 2016, 2:13 am IST
KCR-led party beats traditional urban-centric political parties in very first GHMC polls it contested.
Telangana IT minister K.T. Rama Rao is elated after TRS won the GHMC polls. (Photo: DC)
 Telangana IT minister K.T. Rama Rao is elated after TRS won the GHMC polls. (Photo: DC)
Hyderabad: The TRS, dubbed as a rural party ever since it’s inception 15 years ago, created history on Friday with its near clean sweep in the GHMC polls. It has now established itself as a pan Telangana party with impressive wins in rural, urban and metropolitan areas. TRS candidates won in bastis, posh localities, areas dominated by Seemandhra settlers, in the core city and the peripheries alike. The victory also disproves the belief that Hyderabadis were against the state bifurcation and would not allow the pink party to dominate in the city due to its cosmopolitan entity.
For example, the TD had believed that people living in areas in Cyberabad that was created by AP CM Chandrababu Naidu 20 years ago would remember the contribution and reciprocate by voting for the TD. This also proved false. Similarly the BJP, which used to be called the “Hyderabad party” due to its traditional opposition to Majlis politics and which relied on the urban vote because of PM Narendra Modi’s impact, was also humiliated.
IT minister and the face of the TRS youth in the city, K.T. Rama Rao, indeed worked hard to turn the tide in TRS’ favour.
The party which had contested for the first time in the 2002 MCH elections in 100 divisions as well as in the direct election for the Mayor’s post, had ended up with just one division (Manikyeswari Nagar) and its mayoral candidate Nayani Narasimha Reddy (the present home minister) had come a poor third. When GHMC was formed with 150 divisions and elections were held in 2009, the TRS did not bother to contest the polls stating that it wanted to concentrate on the separate Telangana movement. It also lost three Assembly seats held by it in the by-polls conducted in 2008.
Even in the 2014 Assembly elections it’s performance was poor. It won only two MLA seats out of the 24 in the GHMC area.
However, after coming to power TRS chief K. Chandrashekar Rao planned the party’s victory by inducting local basti leaders from various other parties into the TRS, besides attracting the “basti log” with his newly scripted double bedroom scheme, regularisation of house sites, and 24X7 power supply, which the citizens had not experienced in the last few years.
MIM weathers pink wave; retains numbers
In its stupendous victory, the MIM not only succeeded in demolishing the Congress, its erstwhile ally which attempted to put up a fight, but also wiped out its bitter rival Majlis Bachao Tehreek.
But more importantly the MIM opened its accounts in some divisions in the new city. What is more, the party ensured that the TRS wave did not reach its bastion in the old city. The Congress claims that the MIM would find it difficult to retain its seats this time round fell flat on its face; the Congress campaign failed to move the old city.
MIM party workers celebrating the party’s victory in the Old City on Friday. (Photo: DC)MIM party workers celebrating the party’s victory in the Old City on Friday. (Photo: DC)
The Congress banked on Mohammed Ghouse, a former MIM corporator who joined the party recently. Party gave him, his wife and son tickets. Mr Ghouse contested from Puranapul and the clash between MIM and Congress workers in the ward on Tuesday made headlines.
The State Election Commission even ordered repolling in the division. Despite all this, Mr Ghouse and his family lost the elections. The Congress had a friendly alliance with the MIM in the 1986, 2002 and 2009 elections. After the MIM broke up with it, the Congress launched a campaign in the old city, fielding even senior leaders like general secretary Digvijay Singh.
The MIM had fielded its candidates in 60 divisions including 38 which lie in the seven Assembly segments where it has sitting MLAs. Of these, the party has bagged 37 divisions.
It spread its wings a bit, winning two divisions each in Jubilee Hills and Rajendranagar Assembly constituencies, which are represented by the TD, and Goshamahal which is with the BJP.  The MIM won the Shaikpet ward, which is near the IT zone and Bholakpur in Secunderabad, apart from regaining Erragadda division. The Majlis Bachao Tehreek which had won from Azampura in 2009 failed to retain it. Mr Amjad Ullah Khan, the lone MBT corporator, gave his Azampura division to his wife and moved to Akbarbagh. Both of them lost the polls.

Thursday, January 28, 2016

Only partial suspension on Rohith, 3 others imposed, HCU tells High Court

Only partial suspension on Rohith, 3 others imposed, HCU tells High Court

The Asian Age

 Rohith Vemula was found hanging in the varsity's hostel room. (Photo: Facebook)
Rohith Vemula was found hanging in the varsity's hostel room. (Photo: Facebook)
HCU contended that even if it is assumed that there was no physical violence, the students broke rules.
Hyderabad: The Hyderabad Central University has submitted before the Hyderabad High Court the proctorial board recommendation for the suspension of four research scholars including Rohith Vemula for their involvement in the alleged assault on another research scholar and ABVP leader N. Susheel Kumar.
In a counter-affidavit filed before the High Court in the case of suspended students, the in-charge registrar of the University of Hyderabad admitted that the four research students belonging to the Ambedkar Students Association were suspended due to unavoidable circumstances. However, their suspension was revoked by the executive council after taking a lenient view in the interests of their academic pursuits and also considering their economic background.
Narrating the sequence of events that led to the attack on Susheel Kumar on August 4, 2015, the registrar said that the very act of “a mob” (suspended students) going to a hostel room and forcibly making the “ward” (ABVP activist) come out at 1 am is itself illegal. In its affidavit, the UoH contended that even if it is assumed that there was no physical violence, to say that the act of the students was “democratic and peaceful” is nothing but a mockery of democracy.

Tuesday, January 19, 2016

MIM has clear winning track

MIM has clear winning track

DECCAN CHRONICLE | S A ISHAQUI
Published Jan 19, 2016, 2:45 am IST
Updated Jan 19, 2016, 2:45 am IST
The party contests more than 60 seats with 13 where it has never lost.
MIM chief Asaduddin Owaisi
 MIM chief Asaduddin Owaisi
Hyderabad: The MIM has always won 35 or more wards in the GHMC elections, while the fortunes of other parties ebbed and rose in the three civic elections from 1986. The MIM has always remained unassailable in 13 wards. The party generally contests about 60 wards, mostly in the old city. It has ventured out to new city areas this time. The MIM has so far failed to open its account in the north zone. Its strongholds are in the south and west zones, though the Assembly constituencies that these divisions lie in are represented by the Congress or the BJP.
The MIM has never lost Mallepally, from where former party cief, the late Sultan Salauddin Owaisi, started his political career in 1960. According to party leaders, the MIM won a majority of wards in the Karwan and Malakpet Assembly constituencies in 1986, from where the BJP’s Baddam Balreddy and Indrasena Reddy respectively had been elected MLAs.
In 2002, the MIM won a majority of wards from the erstwhile Asifnagar constituency though the Assembly seat was held by a Congress MLA. MIM leaders say that the Congress, the TD and the BJP do not have strong candidates in about 35 divisions in the old city.
Charminar MLA and MIM general secretary Ahmad Pasha Quadri, associated with the party for four decades, said the MIM first entered the Hyderabad Municipal Corporation by winning two wards in byelections held for the Gandhi Bhavan and Kacheguda wards in 1959. At that time, Hyderabad and Secunderabad had separate 50-seat corporations.
The two corporations were merged in 1960 after the civic elections, and MIM emerged the single largest party in the MCH. “The ruling Congress tried to scuttle the MIM’s chance to hold the Mayor’s post by merging both the corporations by issuing an order at midnight."
MIM’s Nampally MLA Meraj Hussain said daily sittings of elected representatives since 1972 at the Darussalam party headquarters helped build the party at the grassroots level. Mr Quadri said that before 1972 the party’s elected representatives used to sit at Begum Manzil at Himayatnagar, adjacent to the then house of Abdul Wahed Owaisi, grandfather of MIM president and Hyderabad MP Asaduddin Owaisi.
Equally, there was the failure on part of the major political parties like the Congress, the BJP and the TD to reach out to the areas which are dominated by Muslims. The TD and BJP leaders admit in private that they found it difficult to pick strong candidates in certain wards where the MIM held out. Party tickets are given to those who offer to contest from these wards.

Wednesday, January 13, 2016

Photos displayed were not original: Acharya

DECCAN CHRONICLE | S A ISHAQUI
Published Jan 12, 2016, 1:37 am IST
Updated Jan 12, 2016, 1:37 am IST
Legal notice sent claiming rights over the photos, resorting to fraud.
Princess Niloufer
 Princess Niloufer
Hyderabad: The title refers to the death of “her beloved servant” Rafatunnisa who died during childbirth. According to Mr Acharya, the photographs that were displayed were not original images.
He alleged that Mr Yajnik had taken photographs of 200 items which Mr Acharya had legally procured from Ms Evelyn Pope, the second wife of Edward Pope; Edward Pope was married to Princess Niloufer from 1963 to 1989.
He said, “Mr Yajnik visited me in New York City on Dec. 8 and 9 last year. He came over to my place and took photographs of 200 items.”
Mr Acharya stated that he first met Mr Yagnik when he came with Mr B.V. Papa Rao, adviser to the Telangana government, who met Mr Acharya in New York. “Mr Papa Rao evinced interest and put me in touch with Yajnik,” Mr Acharya said.
He said he and Mr Yagnik, of Visual Quest India, signed a memorandum of understanding temporarily assigning rights to Mr Yagnik to display and exhibit the photographs, books, papers and articles on the Princess, for which he had rights from Niloufer’s legal heirs.
He said “Other than that, he has no rights to anything but Mr Yajnik released two photographs to an English newspaper. When we enquired with the newspaper, they said they had received the pictures from Mr Yajnik.”
Even with regard to the title of the exhibition, Mr Acharya said Mr Yajnik had come to know of it “only after I shared the documents” with him.

“When I questioned Mr Yajnik on e-mail, he replied that he had the rights to do it. Then I sent an e-mail informing him that it amounted to breach of contract and the MoU is no more in existence. A legal notice was sent on Jan. 7,” Mr Acharya said.
Mr Acharya, a graduate of Yale University, has been living in the US for 22 years, where he works as a consultant in New York. He said he was a family friend of the Princess, and flies down to the city every year to mark her birth anniversary.
Responding to the e-mail, Mr Yagnik sent a legal notice claiming rights over the photographs, Mr Acharya said and alleged that he was resorting to a “fraud” with him and the legal heirs of the Princess.
When this was communicated to the legal heirs of the Princess, they granted Mr Acharya power of attorney to take legal recourse against Mr Yagnik.
Denying any dispute, Mr Yagnik said he being a curator had collected rare images from the Fashion Institute of Technology in New York and the Department of Archives of the Telangana government and displayed them in Hyderabad.
He said Mr Acharya had been credited as collector for the exhibition.
Referring to the legal notices, he said he had not sent any legal notice nor had he received any from Mr Acharya.
He said he only had an e-mail from Mr Acharya which was being looked into by his lawyers. They have to decide the legality of the e-mail and jurisdiction of the issue as the MoU was signed in New York.
He claimed that Mr Acharya had no right to terminate the contract as the MoU does not allow it. According to New York laws, Mr Yajnik said, the photographer who had taken the photographs had the rights over it and not the family of the Princess. They had rights only to the photographs that were taken by Edward Pope.
Mr Papa Rao said there was no dispute on the issue and the government has only facilitated the meeting of the collector and the curator on a common dais to place the rare images for public display.