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

By S A Ishaqui

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

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

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

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

Chief Justice to meet upon Judicial bifurcation of Andhra Pradesh

By S A Ishaqui

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

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

Panel to oversee division of judiciary

By S A Ishaqui

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

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

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

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

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

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

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

Andhra Pradesh High Court orders probe in liquor scam

By S A Ishaqui

Hyderabad, Feb 26 : The Andhra Pradesh High Court on Wednesday directed the Anti-Corruption Bureau to investigate the role of politicians, public representatives and officers in the liquor syndicate scam and submit a report within three months.The court also made it clear that no officer associated with the investigation of the case should be transferred without its prior permission. A division Bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar set aside a memo issued by the state government in 1999 to constitute an advisory committee to review the complaints against the elected representatives under the Prevention of Corruption Act.

 

According to the memo, the ACB was allowed to conduct a preliminary probe whenever it received a complaint against public representatives. However, the preliminary report was to be placed before the advisory committee based on whose advice the ACB would have to proceed further on such complaints. Though the memo was issued in 1999, till date the government had not constituted the committee. Declaring the move of the government to constitute the committee as unconstitutional, the Bench observed that when there was no immunity to elected representatives under the Prevention of Corruption Act, the question of reviewing of such cases by a committee after the preliminary inquiry by the ACB did not arise. The Bench wondered how MPs and MLAs could get this protection when no one, including judges, had such protection. The Bench ruled that the ACB had to conduct a preliminary probe whenever it received complaints of corruption against public representatives and proceed against them for prosecution based on material facts.

 

Hussainsagar gets Supreme Court ring of protection

DC | S.A. ISHAQUI

Published Jan 18, 2014, 3:30 pm IST

The Supreme Court has ruled that no construction activity should be allowed in and around Hussainsagar.

Hyderabad: The Supreme Court has ruled that no construction activity should be allowed in and around Hussainsagar till final disposal of the petitions on the matter pending before the AP High Court. These petitions had challenged the action of the AP government in allowing constructions adjacent to the lake.
The apex court was disposing of petitions filed by the Forum for A Better Hyderabad against the proposed memorial park for the late Chief Minister Y.S. Rajasekhar Reddy. The AP High Court had granted an interim stay on the matter.
The Forum had moved the High Court against the decision of the TD government in 2000 proposing 21 projects including Eat Street, Jalavihar Lumbini Park and obtained interim stay. Most of the projects were completed by the time the stay was granted.
Later Prof. G. Haragopal moved the High Court against the construction of the railway station at Necklace Road. The petition was dismissed by the High Court, and he moved the apex court.
The Forum for Better Hyderabad sought to be impleaded in the litigation at the apex court, and brought up the matter of the memorial park for YSR.
The Supreme Court had constituted three committees — the Luther panel and two committees headed by R. Rajamani — to suggest measures to protect the lake.
After perusing the committees’ reports, the apex court decided to transfer the case to the AP High Court.  The apex court directed the disposal of the case within four months; in the meanwhile it granted a stay on construction in and around the lake.