Hyderabad, Dec 17 : The AP High Court on Friday dismissed a public interest writ petition filed challenging the process to grant statehood to Telangana region declaring that such a petition at this stage was premature.
A division bench comprising the Chief Justice Anil R. Dave and the Justice Noushad Ali, dealing with the petition filed by Mr C. Narayana, a resident of Anantapur district, praying to declare illegal the process of division of state as long as there was Article 371(D) in the Constitution, Article 3 can not be invoked.
Mr P.V. Krishnaiah, counsel for the petitioner, told the court that Article 371(D) of the Indian Constitution refers to special status to Andhra Pradesh and provisions for equitable opportunities for people from different regions of state.
Mr Ponnam Ashok Goud, assistant solicitor-general, told the court that the process of separation of the state had not commenced.
Mr D.V. Seetharama Murthy, advocate-general, submitted to the court that the issues involved in the petition are not justified.
While rejecting the petition, the court said, “In our opinion, a new state can be formed only as per the procedure prescribed in Article 3 of the Constitution. We cannot presume that the representatives of the citizens in Parliament or the Legislative Assembly would not follow the provisions of Article 3.”
Showing posts with label Telangana. Show all posts
Showing posts with label Telangana. Show all posts
Friday, December 18, 2009
Wednesday, December 16, 2009
PIL filed on validity of Chidambaram's announcement on seperation of Telangana
By S A Ishaqui
Hyderabad, Dec 15 : A public interest litigation was filed in the Andhra Pradesh High Court on Tuesday contending that there was no Constitutional validity of a legal effect on the statement made by the Union home minister, Mr P. Chidambaram, to initiate the process of separation of Telangana.
Mr C. Narayana, a resident of Anantapur district, filed the petition contending that since the statement of Mr Chidambaram was based on a decision taken by the core committee of the Congress it would not become a decision of the Union government.
He said that the statement was made by Mr Chidambaram on behalf the Council of Ministers and not based on any resolution passed by the Union Cabinet. He argued that the core committee is not a Constitutional authority and added that the process of formation of a new state will not begin unless a decision of the political parties was conveyed by the Union Cabinet through a resolution and advise to the President of India.
The petitioner complained to the court that the statement has led to major unrest across the state.
He told the court that as long as Article 371-D of the Constitution is in force the Centre had no power to divide Andhra Pradesh under Article 3. Mr Narayana submitted to the court that Article 371-D was incorporated in the Constitution after the separate Telangana agitation in 1969.
He said that based on the Article AP has been divided into six zones. He argued that if at all the Centre has to divide the state it has to amend the Constitution.
Hyderabad, Dec 15 : A public interest litigation was filed in the Andhra Pradesh High Court on Tuesday contending that there was no Constitutional validity of a legal effect on the statement made by the Union home minister, Mr P. Chidambaram, to initiate the process of separation of Telangana.
Mr C. Narayana, a resident of Anantapur district, filed the petition contending that since the statement of Mr Chidambaram was based on a decision taken by the core committee of the Congress it would not become a decision of the Union government.
He said that the statement was made by Mr Chidambaram on behalf the Council of Ministers and not based on any resolution passed by the Union Cabinet. He argued that the core committee is not a Constitutional authority and added that the process of formation of a new state will not begin unless a decision of the political parties was conveyed by the Union Cabinet through a resolution and advise to the President of India.
The petitioner complained to the court that the statement has led to major unrest across the state.
He told the court that as long as Article 371-D of the Constitution is in force the Centre had no power to divide Andhra Pradesh under Article 3. Mr Narayana submitted to the court that Article 371-D was incorporated in the Constitution after the separate Telangana agitation in 1969.
He said that based on the Article AP has been divided into six zones. He argued that if at all the Centre has to divide the state it has to amend the Constitution.
AP High Court gives one day to reopen Telangana institutions
By S A Ishaqui
Hyderabad, Dec 15 : A division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Tuesday granted the state government one day time to report its decision on whether junior, degree colleges and universities in Telangana region can reopen or not.
The bench was dealing with a government appeal against the order of a single judge who had suspended GO MS. No. 856. The government issued the GO on December 3, directing the closure of higher educational institutions in the 10 districts of Telangana in view of the unrest in the region.
Senior Counsel Mr Prakash Reddy appearing for the writ petitioners repeatedly pleaded with the court that there were no untoward incidents in the region justifying the continuation of the closure.
He pointed out that while incidence of consistent violence was being reported from certain regions (Andhra and Rayalaseema) the government had not taken any action. The advocate-general D.V. Seetharamamurthy informed the court that the High Power Committee was yet to take a decision and a decision was underway. The bench told the AG to give wide publicity in case a a decision to open the institutions was taken by Wednesday.
Hyderabad, Dec 15 : A division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Tuesday granted the state government one day time to report its decision on whether junior, degree colleges and universities in Telangana region can reopen or not.
The bench was dealing with a government appeal against the order of a single judge who had suspended GO MS. No. 856. The government issued the GO on December 3, directing the closure of higher educational institutions in the 10 districts of Telangana in view of the unrest in the region.
Senior Counsel Mr Prakash Reddy appearing for the writ petitioners repeatedly pleaded with the court that there were no untoward incidents in the region justifying the continuation of the closure.
He pointed out that while incidence of consistent violence was being reported from certain regions (Andhra and Rayalaseema) the government had not taken any action. The advocate-general D.V. Seetharamamurthy informed the court that the High Power Committee was yet to take a decision and a decision was underway. The bench told the AG to give wide publicity in case a a decision to open the institutions was taken by Wednesday.
Saturday, December 12, 2009
Lawyers clash at AP High Court over Telangana
By S A Ishaqui
Hyderabad, Dec 11:Tension prevailed at the Andhra Pradesh High Court as lawyers on Friday clashed over the formation of a separate Telangana state.
Trouble began after two groups of lawyers entered into an argument over the issue. One group opposed the division of the state, while lawyers from Telangana supported the central government's decision to initiate the process of formation of a separate state.
The high court premises reverberated with slogans of "Jai Telangana" and "Jai Andhra" as rival groups began attacking each other.
A few lawyers were injured. Police intervened to control the situation and closed the gates of the high court to prevent the entry of outsiders.
Lawyers from Telangana region had actively participated in the 11-day agitation for separate state.
Hyderabad, Dec 11:Tension prevailed at the Andhra Pradesh High Court as lawyers on Friday clashed over the formation of a separate Telangana state.
Trouble began after two groups of lawyers entered into an argument over the issue. One group opposed the division of the state, while lawyers from Telangana supported the central government's decision to initiate the process of formation of a separate state.
The high court premises reverberated with slogans of "Jai Telangana" and "Jai Andhra" as rival groups began attacking each other.
A few lawyers were injured. Police intervened to control the situation and closed the gates of the high court to prevent the entry of outsiders.
Lawyers from Telangana region had actively participated in the 11-day agitation for separate state.
Sunday, December 6, 2009
AP High Court asks why Telangana colleges are shut
By S A Ishaqui
Hyderabad, Dec. 5: The Andhra Pradesh High Court on Saturday prima facie felt that the government should not have closed the colleges in Telangana region as it would result in giving an edge to students in other regions.
Justice L. Narsimha Reddy was dealing with a petition filed by one Ms K. Deepa and eight others challenging the Government Order Ms. No. 856 issued by the government declaring holidays for the government, aided and private junior, polytechnic, degree and university colleges, including professional colleges, from December 4 to 18 in 10 Telangana districts.
Mr Gandra Mohana Rao, counsel for the petitioner, arguing the case told the court that the decision of the government was totally arbitrary and unreasonable. He contended that the government order had been issued without application of mind and without any material before the government.
He said that there was no alleged unrest necessitating closing of all the colleges in Telangana.
Counsel argued that the government did not have jurisdiction to close the universities as per the provisions of the University Acts.
Mr D.V. Seetharam Murthy, the advocate-general, said as per Section 92 (2) of the AP Education Act, the government had the power to close down educational institutions if the situation warrants.
He contended that the state had the responsibility to maintain law and order and peace. The court asked the advocate-general to get instructions from the government to explain the reasons for the decision to the court by Monday.
Hyderabad, Dec. 5: The Andhra Pradesh High Court on Saturday prima facie felt that the government should not have closed the colleges in Telangana region as it would result in giving an edge to students in other regions.
Justice L. Narsimha Reddy was dealing with a petition filed by one Ms K. Deepa and eight others challenging the Government Order Ms. No. 856 issued by the government declaring holidays for the government, aided and private junior, polytechnic, degree and university colleges, including professional colleges, from December 4 to 18 in 10 Telangana districts.
Mr Gandra Mohana Rao, counsel for the petitioner, arguing the case told the court that the decision of the government was totally arbitrary and unreasonable. He contended that the government order had been issued without application of mind and without any material before the government.
He said that there was no alleged unrest necessitating closing of all the colleges in Telangana.
Counsel argued that the government did not have jurisdiction to close the universities as per the provisions of the University Acts.
Mr D.V. Seetharam Murthy, the advocate-general, said as per Section 92 (2) of the AP Education Act, the government had the power to close down educational institutions if the situation warrants.
He contended that the state had the responsibility to maintain law and order and peace. The court asked the advocate-general to get instructions from the government to explain the reasons for the decision to the court by Monday.
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