AP High Court notice to municipal minister Mahidhar

BY S A Ishaqui

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

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

PIL against mines for Vizag steel

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

Polavaram plea closed by HC

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

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

Nizamabad land value hike stayed

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

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

Counter sought on Sompeta firing

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

Plea on felling trees closed

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

Petition filed in High Court against corporal punishments

By S A Ishaqui

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

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

ACB to probe charges on excise officials

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

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

Court permits withdrawal of petitions

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

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

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

High Court refuses to release T-activists

By S A Ishaqui

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

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

Order reserved on Gali bail plea

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

HC refers a plea to full bench

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

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

Court to hear pg medicos’ plea

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

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

Vijayamma, Bharathi lash out at CBI on Jagan probe

  

By S A Ishaqui

Hyderabad, May 29 : Y.S. Vijayalakshmi, honorary president of YSR Congress and Y.S. Bharathi Reddy, wife of YSR Congress chief, Jagan Mohan Reddy, on Tuesday, blamed the CBI for not investigating the illegal investments case properly.

Talking to this newspaper at Indira Park here, during a daylong protest against the illegal detention of Y.S. Jagan Mohan Reddy, Ms Vijayalakshmi alleged that the Congress and TD have conspired to send Jagan Mohan Reddy to jail. They are now trying to ensure that bail is denied to him.

Citing the state government’s reluctance to file a counter affidavit before the AP High Court in the PIL by Shankar Rao, seeking a probe against Jagan, she said if the government had filed an affidavit at that time, there would not have been any case against Jagan.

The government intentionally avoided such an affidavit even though the court granted time, she alleged. She said while the ministers are openly declaring that all the 26 GOs issued by them, were in order, the government has not yet come out with an official statement.

They said that would not be surprised if the Congress and TD join hands to fight YSRC in 2014 elections.

“We are God-fearing people. The traitors will pay for their misdeeds one day,” Ms Bharathi said. 

“It won’t be a surprise if the Congress and TD openly join together to defeat Jagan, in 2014 elections.”

Ms Bharathi Reddy alleged that the Congress-run CBI intends to keep her husband in custody until the general elections, to gain political mileage for its masters.

She said her husband was in jail today not because of corruption, but because he chose to stand by the people. Irrespective of what it means to him he will choose to do what his people want him to do. She said the investigation has been on for the last 22months, and in the status report filed before the Supreme Court, the CBI asked for three months in October 2012 to complete the investigation. Again, the CBI said that they need another four months to complete the investigation, she added.

She said, “This farce is being watched by the people and in the general elections they will give their verdict, in clear tone, putting an end to the game of nexus between the ruling and main Opposition parties".

As per the provisions of the CrPC the investigation agency, has to complete the probe and file a charge sheet, within 90 days in a cognisable offence. More than a year has elapsed and the CBI sis till calming that the investigation is on, she added. It clearly shows that the investigation was politically motivated. The delay in investigation was only to ensure that Jagan should remain in jail. 

Ms Vijayamma alleged that the TD Chief Chandrababu Naidu has been protecting both the state and the Central governments for his selfish interests. She questioned whether Mr Naidu had fulfilled any one of his poll promises during his nine years of reign as the CM of the State. 

No public institution was working in a systematic manner in the country under the UPA Government, but Naidu has chosen to support it for his own political survival, she alleged. She charged that Naidu is the key man in resignation of the ministers and the resignations are end results of Naidu’s secret meetings with Congress leaders in Delhi, during his recent trips.

Counsel first in marital war: SC

By S A Ishaqui
Hyderabad, May 8 : The Supreme Court has directed criminal courts dealing with cases of dowry harassment to refer the parties to a mediation centre before they start hearing the case, if they feel a settlement is possible and both parties are willing.

While setting aside an order passed by the AP High Court in a matrimonial case, the apex court observed that “marriage is a sacred ceremony, the main purpose of which is to enable the couple to settle down in life and live peacefully”.

Give mediation a chance, says SC

A Division Bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai of the Supreme Court pointed out that “little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved, with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case”.

Pointing out that though the offence of dowry harassment, punishable under Section 498A of the IPC, is non-compoundable (meaning it cannot be withdrawn by the petitioner), the Bench said that in appropriate cases, if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.

A complaint under Section 498A of the IPC (husband or relatives of a woman subjecting her to cruelty) presents a difficulty because the offence is not compoundable except in AP, where, by a state amendment, it was made compoundable, the SC added.

The Bench made it clear that “this is, obviously, not to dilute the rigour, efficacy and purport of Section 498A of the IPC, but to locate cases where the matrimonial dispute can be nipped in the bud in an equitable manner. It will be for the concerned court to work out the modalities taking into consideration the facts of each case”.

The Bench cautioned that the judges must ensure that this exercise does not lead to the erring spouse using mediation process to get out of the clutches of the law.