High Court seeks clarity on jurisdiction over Andhra Pradesh

DC | S A ISHAQUI

Published Jun 21, 2014, 7:47 am IST

Court asked whether the existing judges of High Court had power to deal with AP cases

 AP High Court. (Photo: DC/File)

Hyderabad: Certain provisions of the AP Reorganisation Bill, 2014, have left the judges of the Hyderabad High Court in a dilemma while dealing with cases pertaining to Andhra Pradesh.
Justice L. Narasimha Reddy on Friday asked the Union of India, ministry of law and ministry of home to clarify whether the existing judges of the common High Court had power to deal with cases pertaining to Andhra Pradesh.

Also read: Demand for division of High Court
While dealing with a contempt case, the judge pointed out that Section 30 of the AP Reorganisation Act directed that on and from the Appointed Day, which is notified by the President of India on June 2, the High Court of Judicature at Hyderabad would be the common High Court for both the states till a separate High Court for the state of AP was formed under Article 214 of the Constitution read with Section 31 of the Act.
The judge said that prima facie, Parliament had decided to constitute a separate High Court for AP through Sections 31 and 32 of the Act. The seat of the High Court for the state of AP was left to be notified under Section 31 and the allocation of judges for functioning in the High Court of AP from the date determined by the President of India was to be done under Section 32 of the Act.

Hyderabad mosque to provide bathing service to dead

DECCAN CHRONICLE | S.A. ISHAQUI

Published Jun 14, 2015, 6:52 am IST

First-of-a-kind facility at Masjid Tek

 The facilities at the Ghusul Khana-e-Mayyat

Hyderabad: The managing committee of the Masjid Tek at Nampally has decided to provide the facility to wash dead bodies within the mosque premises. It will be a free-of-cost facility extended to all deserving Muslims. The committee has constructed a ‘Ghusul Khana-e-Mayyat’ with modern facilities for washing and shrouding of bodies before they are taken to the graveyard for burial.

Muneeruddin Muqtar, the president of the managing committee, said, “Many Muslims are not able to perform the Ghusul (washing of the dead body), for their near and dear ones when they die, at their homes due to lack of space. In many apartment complexes, other residents raise objections. In such circumstances, it becomes very difficult to wash the dead bodies.”

The committee decided the construct a Ghusul Khana for such people. Akbaruddin Owaisi, the MIM floor leader in the Telangana Legislative Assembly, along with several prominent Muslim scholars and religious leaders, inspected the Ghusul Khana on Saturday and praised the mosque committee for providing the facility. Mr Muqtar said that it is a first-of-its-kind facility in the city.

Common High Court to continue for Telangana, Andhra Pradesh until new court is established

DC | S.A. ISHAQUI

Published May 2, 2015, 8:28 am IST

AP, Telangana to have common HC until new court is established

HYDERABAD: While directing the Centre to allocate funds for the setting up of a separate High Court for AP, the Hyderabad High Court on Friday ruled that the Constitution did not permit having the High Court of Andhra Pradesh in Hyderabad, which is an integral part of Telangana.
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar made it clear that the existing common High Court would remain the High Court for AP and Telangana till the constitution of a separate High Court for AP.
The bench was delivering the final verdict on petitions by High Court advocate T. Dhangopal Rao, AP High Court Sadhana Committee and others, seeking creation of separate High Courts for the AP and Telangana.
While appreciating the sentiments of the people of Telangana and AP for wanting separate High Courts for both states, and the gesture extended by the Telangana government to provide logistic and infrastructural support for creation of the separate HC for AP at Hyderabad, the Bench held that the Telangana government had no role in creation of the HC for AP.
Justice Sengupta said, “It is for the AP government to provide infrastructure and the place to set up its own  High Court. Just earmarking a certain area for the new High Court by the government is not enough, it has to indicate the place where it has to be located.”

National Human Rights Commission summons Telangana State police

DC | S.A. ISHAQUI

Published Apr 24, 2015, 11:48 am IST

Scene of offence clearly shows that it was a cold blooded murder

 Syed Bilal (centre), the father of terror suspect Viquaruddin, and women from Medak district with farmer suicide cases, wait for their turn at the National Human Rights Commission (NHRC) on the second day of its camp in Hyderabad on Thursday.

Hyderabad: The National Human Rights Commission (NHRC) on Thursday directed the Telangana government to furnish the reports of inquest, post-mortem and magisterial inquiry with regard to Alair encounter in which Viquaruddin and four other terror suspects were killed on April 7.

 

The full bench of the NHRC comprising its chairman K.G. Balakrishnan and Justices Cyriac Joseph, D. Murugesan and S.C. Sinha was hearing complaints by Mohammed Ahmed, father of Viquaruddin activists seeking action against the police personnel involved in the encounter.

 

Mr Ahmed asked whether it is possible for a person with hand cuffs and chained legs to snatch a weapon from the police and the pictures of the scene of offence clearly shows that it was a cold blooded murder.

 

It was brought to the notice of the bench that a day prior to the killings, one of the deceased, Zakir was taken to the Warangal prison from Chanchalguda prison in the city, despite his appearance along with the other four before the trial court at Hyderabad on April 7. While asking to furnish the reasons for shifting him from the city to Warangal, the NHRC bench pointed out that it is raising suspicion at the motive of the police.

 

The IG of Hyderabad Naveen Chand, told the bench that the deceased had a known history of violence and they are responsible for killing of three home guards and a constable and they also assaulted the jail staff in Chanchalguda prison. “As the suspects killed several policemen, it seems that out of vindictiveness, the police eliminated them,” the bench said.

 

NHRC holds open hearing:

 

The full bench of the NHRC, which conducted an an open hearing in the city on Thursday directed the Cyberabad Police commissioner C.V. Anand to submit within three weeks, the report on the progress of the investigation including postmortem reports with regard to the police firing in Kishanbagh area of the city on May 14 last year.

 

The bench was dealing with complaints seeking action against the police for opening fire on a mob through BSF police personnel during a clash between two groups in Kishanbagh in which three people were killed and 18 were injured.

 

90-yr-old incited mob: Police

 

The NHRC bench on Thursday directed the SP of Srikakulam district to submit postmortem reports of the deceased who were killed in police firing on February 28, 2011 during an agitation against the establishment of thermal power plant in Kakarapalli of the district. The bench also directed to furnish the copies of medical reports of the police personnel injured in the clash.  

 

The bench was dealing with a complaint by the villagers alleging that the police held a 90-year-old woman responsible for the agitation and was arrested. It wondered how a 90-year-old woman who is in immovable condition could lead the mob to attack the police. 

 

Gail probe on hold:

 

The NHRC on Thursday directed the East Godavari police to complete the investigation with regard to the fire mishap caused due to the leakage of gas pipe line of the GAIL in Nagaram village in which 21 people were killed and 18 others injured.

 

While hearing the complaints from the villagers seeking action against the GAIL authorities, the bench enquired with the police about the progress of the investigation. The police said that the investigation was put on hold as the union petroleum minister ordered probe through a high level committee. 

 

Labour abuse may invoke SC Act:

 

A bench of the NHRC conducting an open hearing here on Thursday directed the AP and the Telangana governments to examine the possibilities of booking a case under the SC and the ST (Prevention of Atrocities) Act, 1989 in the incidents of bonded labour.

 

While hearing the complaints from victims of bonded labour from both the states, the bench said it would be more appropriate if the cases are booked under the Act 1989, in addition to the cases under the Minimum Wages Act and bonded labour, as in most of the cases, the victims belong to the SC and the ST communities.

 

The bench also enquired about the progress of the investigation in the case of the children involved in bangle making. The police, however, said that the investigation is yet to complete. The bench suggested taking steps to recover Rs 20,000, which were given as compensation to the victim from the owners of the units.

Do not jail accused in dowry cases, rules High Court

DC | S.A. ISHAQUI

Published Jan 22, 2014, 1:16 pm IST

The AP High Court asks police to take SP order before arresting a dowry accused.

Hyderabad: In a significant ruling, the AP High Court has directed the police not to arrest the accused involved in dowry harassment cases without the permission of the district superintendent of police or any other officer of equal rank in metropolitan cities.
The High Court directed the magistrates that no accused should be remanded to judicial custody mechanically in a routine manner.
While allowing a criminal petition by Syed Kaleemuallah Hussaini and three others seeking anticipatory bail in a dowry harassment case, Justice B. Chandra Kumar observed: “It is most unfortunate that Section 498A IPC has become a weapon for breaking families rather than for uniting them.”
“There cannot be any doubt that there is dowry menace in society. But at the same time, it is also a fact that certain marriages are performed without any dowry.
Due to ill advice or under the wrong impression that the husband may come to terms if a complaint is lodged under Section 498A IPC, complaints are being lodged with the police,” the judge added.
Next: Dowry plaint be examined: Judge
Dowry plaint be examined: Judge
Hyderabad: Issuing certain guidelines to be followed by the investigation officers in dowry harassment cases, Justice B. Chandra Kumar observed that normally, no accused should be arrested on allegations of simple dowry harassment.
If an arrest is necessary, the investigating officer should obtain permission.
He said that when an accused is produced before the magistrate, they should examine the matter judiciously and consider whether there are valid grounds for remanding the accused to judicial custody.
The judge said if arrest is not necessary, the police may complete the investigation and file a chargesheet without arresting the accused.
He also made it clear that in the case of dowry death, suspicious death and suicide or when the allegations are serious in nature, the police officer may arrest the accused and the intimation of arrest should be immediately sent to the concerned SP.
According to the instructions of the judge, no accused or witness should be unnecessarily called to the police station. In case their presence is required for enquiry, they should be sent back immediately after that.
There should not be any unnecessary harassment either to the relatives of the complainant or of the husband. A fair and dispassionate probe should be conducted. After completing investigation, it should be verified by an officer not below the rank of deputy superintendent of police.
The judge said, “During investigation, if the probing officer is satisfied that there is false implication of any person in the complaint, then he may delete the names of such persons from the chargesheet after obtaining necessary permissions from the SP or any other officer equivalent to that rank.”
“As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of being implicated in a case of dowry harassment, then both the parties should be asked to undergo counselling with any experienced counselor or counsellors,” the judge maintained.
He directed that the report of the counsellors should be made a part of the report to be submitted to the court.
The judge also ruled that the SP, in consultation with the chairman, district legal services authority, prepare a panel of counselors and details of the panel, along with their addresses and phone numbers, should be made available at all police stations.
Senior cops should also ensure that the parties are not forced to come to any settlement in police stations against their wishes. “Advocates have to play their roles in trying to unite the families.
The welfare of the children should be given utmost importance,” he added. The judge directed the DGP to issue necessary instructions to the concerned authorities in this regard.