Saturday, July 31, 2010

By S A Ishaqui

Hyderabad,July 30: The AP High Court on Friday issued a bailable warrant against Mr A.K. Goel, joint secretary of the Union home ministry, (freedom fighters section) for not implementing the order of the court and not appearing in person though notices were served.

Justice Nooty Ramamohana Rao was dealing with a contempt case filed by Mr K. Rami Reddy and four others, challenging the action of the authorities in suspending the pension given to them. The authorities had contended that inquiry was pending against the petitioners and so their pension was stopped in 2000. The petitioners submitted their representation to the ministry to reconsider their cases as there was no inquiry pending against them. They filed a contempt case after the authorities failed in considering the court orders within three months.

AP High Court HC fines woman for misleading petition on name change

By S A Ishaqui

Hyderabad,June 17: The AP High Court on Thursday imposed a fine on a woman petitioner for misleading the court by filing a purported affidavit with regard to change of her name.
Justice C.V. Nagarjuna Reddy while dismissing a petition filed by Ms Y. Swapna of Ranga Reddy district, directed the registrar (judicial) to initiate action against her under the provisions of the Criminal Procedure Code.
The judge directed the petitioner to pay Rs 10, 000 to the AP Legal Service Authority within four weeks.
The petitioner had approached the court challenging the disqualification of her application for Hindustan Petroleum Corporation Ltd dealership at Shabad in RR.
HPCL had rejected her application as she did not submit a copy of her marriage certificate or an affidavit in support of her maiden name and name after marriage along with her application.
During the course of the hearing, the petitioner pleaded that she had filed a notarised affidavit pertaining to change of her name and a copy of the affidavit before the court.
But HPCL opposed her plea by contending that she never filed any affidavit with regard to change of her name.
The court pulled up the petitioner and asked her whether she has proof of filing the affidavit. She replied in the negative.
The judge pointed out that the petitioner had not only failed to comply with the mandatory requirement of filing personal affidavit for change of her name, but also made a false averment and tried to mislead the court by filing a copy of the purported affidavit.
The judge observed that the corporation and its officials have not committed any illegality in rejecting her application.


Zee petitions against SHRC ban on Aata

Zee Entertainment Enterprises and OAK Enterprises approached the High Court on Thursday against the orders of the State Human Rights Commission prohibiting the telecast of Aata-5, a reality show for children. Zee Entertainment Enterprises contended that the SHRC had passed order without conducting inquiry under Sections 13 and 14 of the Protection of Human Rights Act. The petitioners argued that the SHRC order was violative of Section 16 of the Act, which mandates the commission to hear, at any stage of the inquiry, the persons likely to be prejudicially affected by its order. OAK Enterprises, the production house, contended that the SHRC had no power to issue interim directions, that too ex parte, even before the inquiry was over.


Thursday, July 29, 2010

AP High Court reserves decision on judges assets plea

By S A Ishaqui
Hyderabad,July 28: The AP High Court on Wednesday reserved its decision to Monday to decide whether a petition seeking declaration of the assets of the High Court judges can be taken up for hearing. Mr Thalluri Kumar Babu, a practising advocate of the High Court, filed a writ petition contending that non-disclosure of the assets by judges infringes on his fundamental rights guaranteed under Article 21 of the Constitution.

He filed the petition on April 12 and the registry returned the petition on April 19, raising certain objection over the maintainability of the writ and also questioning the locus of the petitioner in filing the writ.

The registry also asked the petitioner to clarify as to the maintainability of the petition as framed by the High Court and also to clarify if the plea could be entertained just by making the Chief Justice and all other judges except one judge as respondents in the petition.

CBI asks for time on Raju’s bail plea

The CBI officials on Wednesday urged Justice Raja Elango of the AP High Court to adjourn the hearing of a bail petition filed by B. Ramalinga Raju, the prime accused in multi crore Satyam scam to August 5.

Mr T. Niranajan Reddy, special public prosecutor of the CBI, asked for a week to submit their response on the petition. The judge agreed and posted the matter to August 5 to facilitate the CBI to submit its version.

Wednesday, July 28, 2010

Chamundi case shifted to city court

By S A Ishaqui

Hyderabad,July 27: The Andhra Pradesh High Court on Tuesday transferred a case pending against the former secretary of the Andhra Cricket Association, Mr V. Chamundeswarnath, from a court at Rajahmundry to a lower court at Hyderabad.

Justice Raja Elango passed the orders on a petition filed by Ms Rama Devi seeking a direction to transfer the trial of the case from Rajahmundry. She told the court the case cannot be conducted at Rajahmundry in a free and fair manner as Mr Chamundeswarnath was powerful and had many influential friends and relatives who could threaten her.

A case was registered against Mr Chamund-eswarnath under Section 506 and 509 of the IPC by Vijayawada police on the complaint of Ms Rama Devi that he used to send vulgar SMSes. The trial was earlier shifted to Rajahmundry on his request.

Police had added charges under Section 354 of the IPC against him after another women cricketer too made an allegation of sexual harassment. However, she later withdrew the complaint. On the orders of the High Court, Chamun-deswaranath had surrendered before the Vijayawada court on January 6, 2010, and the court granted him bail.

Satyam Raju files for bail at HC

By S A Ishaqui

Hyderabad,July 27: The prime accused in the multi crore Satyam scam, Mr B. Ramalinga Raju, on Tuesday approached the AP High Court with a bail plea.

He told the court that he was falsely implicated in the case and the allegation against him was probably a result of prejudice due to unjustified propaganda against him and other accused in the case in a section of print and electronic media from January 7, 2009, to January 7, 2010. It may be mentioned that the 8 out of the 9 accused in the case were already enlarged on bail.

Mr Raju contended in his bail petition that the charges against him are no different from the charges against his co-accused, Mr B. Rama Raju, Mr Srinivas Vadlamani, and two others who are already on bail. He said he was undergoing treatment for Hepatitis C.

HC stays case on Arjita scam accused

Justice Samudrala Govindarajulu of the AP High Court on Tuesday reserved orders on a petition filed by Mr. A.V. Dharma Reddy, special officer of the Tirumala Tirupati Devasthanams, seeking a direction to quash criminal proceedings pending against him with regard alleged illegal sale of Arjita seva tickets. The court also granted interim stay on criminal proceedings against Mr Dharma Reddy.

The petitioner contended that he was falsely implicated by the prosecution in the case.
Mr Dharma Reddy said the petition filed by the prosecution was illegal and without any evidence. The judge asked the counsel for the petitioner and the prosecution to argue the case to determine the re-investigation of the case.

Electricity board’s order suspended

Justice P.V. Sanjay Kumar on Tuesday suspended an order issued by the AP Electricity Regulatory Commission (APERC) to determine the Fuel Surcharge Adjustment (FSA) to be levied on non domestic consumers for the financial year 2008-09. The judge was dealing with a petition filed by the India Cements Ltd challenging the order of APERC. Mr Challa Gunaranjan, counsel for the petitioner, contended that the FSA to be recovered was against the basic power sector reforms.

College told to allow student in class

Justice P.V. Sanjay Kumar on Tuesday directed the Shantiram Medical College, Kurnool, to permit Mr Gurivi Reddy, a student of MBBS, to attend classes.

Mr Gurivi Reddy was suspended from the college on the grounds that his name figured prominently in the Eamcet copying scam using sophisticated electronic equipment. He approached the court challenging the action of the college contending that that the management has no power to suspend him from the college. Mr Reddy was arrested for his involvement in the Eamcet copying scam.

HC asks state to fix dowry cases’ rules

The High Court on Tuesday referred to a division bench a writ petition seeking a directive to the state government to frame guidelines pertaining to police action in dowry harassment cases.