Saturday, February 16, 2008

Stay on pardon for Ravi murder accused

The AP High Court granted interim stay on the pardon granted by the Anantapur district session court to Rammohan Reddy, accused in the murder of TD legislator Paritala Ravindra. Justice Swaroop Reddy temporarily suspended the process of recording the statement of Rammohan Reddy under Section 164 CrPC, while dealing with a petition filed by V. Rekha-maiah, another accused.
The petitioner submitted that the district sessions judge had granted pardon to Rammohan Reddy on February 11 on an application by the CBI on the condition that he reveals the murder conspiracy. The petitioner informed the court that the CBI, the investigation agency, did not record the statement of Rammohan Reddy and granted him pardon.

Land GO halted on plea of GVK Hotels

Hyderabad, Feb. 15: The AP High Court directed the government not to implement the order on handing over land at Road No 1 in Banjara Hills to the endowments department. Justice V. Eshwaraiah was dealing with a petition filed by Taj GVK Hotels and Resorts Limited challenging the orders of the Hyderabad district collector to hand over the land located adjacent to Hanuman temple in Banjara Hills to the endowments department. The petitioner submitted that the land was originally leased to Taj GVK Hotels. It was allotted to the Hanuman temple committee through the endowments department. The petitioner sought directions from the court to stop the government

AP High Court suspends civil judge for accepting ring

Hyderabad: The AP High Court has issued orders suspending Mr Rajabhushanam, senior civil judge, in Tanuku of West Godavari district, reports our correspondent. While working in the court at Nirmal in Adilabad district, Mr Rajabhushanam went to a marriage function where he was presented with a gold ring. He allegedly accepted it. The High Court appointed a judges committee which inquired into the allegation and found that Mr Rajabhushanam had accepted the ring. Based on the recommendations of the committee, the High Court issued orders of suspension.

Thursday, February 7, 2008

HC questions anger counsel: Encounter

Hyderabad, Feb. 7: Petitioners on Thursday strongly opposed the issue raised by a larger bench of the Andhra Pradesh High Court constituted to deal with petitions on disclosure of names of the police personnel who participated in encounters.
The bench came out with four questions to deal with the issue.
It asked whether a police officer has committed a cognisable offence when he causes the death of a person while acting or purportedly acts to discharge his duties. It enquired if information relating to such circumstance requires to be registered as a First Information Report (FIR) obligating investigation.
The question irked the petitioners.
Bojja Tarakam, senior counsel, who appeared on behalf of the Civil Liberties, argued that the bench was trying to deal with an issue which was never raised or posed by the petitioners and not denied by the respondents.
He said it was well established and defined in the law that a culpable homicide is a cognisable offence and it was also admitted by the police in their earlier affidavits.
Justice G. Raghuram, who is heading the five-member bench, took exception to the arguments and asked Tarakam: "Do you mean that a hangman, who is also performing his duty, can also be punished?
Mr Tarakam replied that hangman is performing his duty at the end of a judicial proceeding.
The bench raised three other issues. They include whether a magisterial inquiry into the cause of death by an act of a police officer obviate the rigour of investigation and trial of such act?
The bench also asked, "Whether the State, or police is immune from an obligation to disclose the identity of a police officer, who had committed such an act, to enable an investigating officer or any person aggrieved by such death to seek justice?"
The bench decided to take up hearing from March 3 and directed the petitioners and respondents should file material papers and citations on which they relied during arguments before February 22. Senior counsel Padmanabha Reddy was appointed as amicus curiae.

Sunday, February 3, 2008

God's lands hits dams in Andhra

Andhra Pradesh government is in a fix as work has come to a grinding halt on a dozen major and minor irrigation projects following a stay issued by the AP High Court. The court had stayed the acquisition of land belonging to the temples under the control of endowments department two years ago. The court had stated: “Pending further orders, there shall be stay of all further proceedings, in relation to the acquisition of land belonging to temples all over the state, at whatever stage they are and any deviation in this regard would per se be treated as contempt of court.” Originally, the court had stayed acquisition of temple land for the Indiramma housing scheme. This has resulted in stoppage of work pertaining to irrigation projects. The projects affected due to stay include Indirasagar (Polavaram), Pulichintala, Gundlakamma reservoir, Thotapalli barrage, Jawahar Nettampadu, Koilsagar and Kalwakurthi lift irrigation schemes. The advocate-general C.V. Mohan Reddy twice made submissions before the Chief Justice to take up hearing on the miscellaneous petitions filed by the government urging the court to vacate the stay. It will take up the issue on February 5.

Unitech townships faces hurdles

Unitech, one of India’s largest real estate developer, is facing legal hurdles making an aggressive entry into the booming realty market Andhra Pradesh. It has proposed to develop two major townships in Visakhapatnam and Hyderabad.
Recently the company won a tender to develop a township in 1750 acres at Visakhapatnam. Former Minister and Telugu Desam leader Thammineni Seetharm filed a public interest litigation in the High Court seeking a direction to conduct probe on allotment of land to proposed Integrated Vizag Knowledge City at Kapula Uppada village in Visakhpatnam district and Integrated Airport Township in Hyderabad.The petitioner submitted the court that the Andhra Pradesh IndustrialInfrastructure Corporation has proposed to develop the knowledge City and Airport Township at Vizag and Hyderabad.He told the court that the Knowledge City was proposed to construct 1750 acres and Airport Township in 350 acres at Nadergul village of Saroornagar mandal.The petitioner alleged that the process adopted by the APIIC would hamper public interest. He also alleged that "in the guise of inviting bids by the APIIC and its Executive director were trying to knock away valuable public property through a 'real estate' transaction and cause financial loss to the exchequer.
Unitech also bagged a tender to develop a 350-acre township in Hyderabad. Pratap Karan, a retired government employee, and 15 others filed a writ petition in the court saying that they are the owners of the 373.22 acres of land in Nadergul village of Saroornagar mandal of Ranga Reddy district. The petitioners challeneged the notification of the AP Industrial Infrastructure Corporation calling tenders for allotting 373 acres of land to private parties for setting up a township.
The petitioner submitted to the court that the land belonged to late Raja Shivraj Dharmavat Bahadur. After his demise succession was granted to Dhiraj Karan, Dharm Karan, and Mahaboob Karan in 1917. The land is adjacent to the Hardware Park. Unitech, one of India’s largest real estate developers, reportedly entered into an agreement with the state government to develop an integrated airport township on the land.
The petitioner said an appeal was pending in the High Court over the title of the land. In spite, the government issued a notification, inviting bids to sell out the land. The petitioner alleged that the state is trying to dispossess them.

Saturday, January 19, 2008

State, Reliance get High Court notice for choking waterbodies

The Andhra Pradesh High Court issued notices to the Central and state governments and Reliance Industries on a petition that charged the oil giant with choking protected streams and creeks. The petitioner, Venkataramana Matsyakara Sankshema Seva Sangham, alleged that Reliance is dumping construction materials into several streams and creeks including a major creek, Mandara Kalva, at Gadimoga in East Godavari district.
The Venkataramana Matsyakara Sankshema Seva Sangham said the government allotted 87 hectares to Reliance to construct an offshore block to transport crude oil extracted from the KG basin. The land is situated within a prohibited zone near a bird sanctuary. The petitioner also alleged that Reliance has started construction activity beyond the 87 hectares, filling up creeks and streams and destroying mangrove forests. The court was told that a Coastal Regulatory Zone notification prohibited any interference with creeks near the shore. The petitioner urged the court to direct the respondents to remove the materials dumped in the creeks and other waterbodies. A division bench comprising Chief Justice A.R. Dave and Justice Meena Kumari directed the respondents to file their counter affidavits before February 13.

Monday, January 7, 2008

New Chief Justice for AP High Court

New Chief Justice of the Andhra Pradesh High Court Justice Anil Ramesh Dave said that he would strive for eradication of injustice inthe society which is the basic fundamental principal of judiciary.Justice Anil R. Dave was sworn in as the new ChiefJustice of the Andhra Pradesh High Court at Rajbhavan. He was earlier aJudge of the Gujarat High Court.
Governor N D Tiwari administered the oath of office to Justice Dave afterRegistrar General of the High Court Seetharama Murthy read out thePresidential warrant for his appointment at Raj Bhavan. Justice Dave tookthe oath in English.Chief Minister Dr Y S Rajasekhar Reddy, cabinet ministers including LawMinister R Chenga Reddy, Judges of the High Court, lawyers, and familymembers of Justice Dave attended the swearing-in ceremony.Justice Dave was born on November 11, 1951 and enrolled as an advocatein Gujarat Bar Council on July 25, 1976.He was Solicitor to the government of Gujarat and Additional GovernmentPleader in Gujarat High Court from April 1986 to August 1994 forconducting its matters arising under labour laws and service matters. Healso served as a Notary to the Gujarat government, part-time Lecturer in SirLA Shah Law College from 1976 to 1995.Justice Ramesh Dave was elevated to the Bench of Gujarat High Court asAdditional Judge on September 18,1995 and confirmed as Permanent Judgeon June 18,1997.

Sunday, January 6, 2008

Centre moots village courts

Centre moots village courts

Hyderabad, Jan. 5: The government of India proposes to establish grama nyayalayas (village courts) to bring justice to the doorstep of the common man. These courts will provide access to justice — in civil and criminal cases — to citizens at the grassroots level.
The Centre has prepared a draft bill for the establishment of the village courts across the country except in Jammu and Kashmir, Nagaland, Arunachal Pradesh and Sikkim. After the enactment of the bill, the state governments will constitute one or more grama nyayalayas for every panchayat or group of contiguous panchayats in a district. The states may also establish additional grama nyayalayas for any panchayat in consultation with the state high court if it feels that there is a need for more courts in the panchayat limits.
Law department officials said that a grama nyayalaya will be the lowest court of the subordinate judiciary in the state. The village courts will be located at the headquarters of the panchayat and be presided over by a nyayadhikari (judicial officer). The nyayadhikari, who should possess a degree in law and not be more than 45, will be appointed by the governor in consultation with the High Court. The state will have to extend all facilities to the grama nyayalaya including vehicles for holding mobile court and additional security for the judicial officer. It will also appoint one or more advocates for criminal cases in each village court.
The village courts will not take cognisance of any offence which is punishable by imprisonment of more than one year or if the accused has been previously convicted and sentenced to one year or more in jail.
But the village courts will deal with civil cases including property disputes, right to property purchase and use of common pasture and water from irrigation channels. They will also handle claims under the Minimum Wages Act, Payment of Wages Act, 1936 and money suits either arising from trade transaction or money lending. These courts are to pronounce judgements within one week of the last date of hearing of a case and provide a copy of the judgement to both parties free of cost.

State gets HC notice over land dispute

State gets HC notice over land dispute

Hyderabad, Jan. 5: The Andhra Pradesh High Court issued notices to the state government and the AP Industrial Infrastructure Corporation on a petition challenging the notification calling tenders for allotting 373 acres of land to private parties for setting up a township at Nadergul village.
Pratap Karan, a retired government employee, and 15 others filed a writ petition in the court saying they are the owners of the 373.22 acres of land in Nadergul village of Saroornagar mandal of Ranga Reddy district. The petitioner submitted to the court that the land belonged to late Raja Shivraj Dharmavat Bahadur. After his demise succession was granted to Dhiraj Karan, Dharm Karan, and Mahaboob Karan in 1917. The land is adjacent to the Hardware Park. Unitech, one of India’s largest real estate developers, reportedly entered into an agreement with the state government to develop an integrated airport township on the land. The petitioner said an appeal was pending in the High Court over the title of the land. In spite, the government issued a notification, inviting bids to sell out the land. The petitioner alleged that the state is trying to dispossess them.

Friday, January 4, 2008

Find missing girl in 2 weeks: HC to cops

A vacation bench of the AP High Court on Friday directed the director-general of police and Nalgonda superintendent of police to trace a 13-year-old girl who was allegedly kidnapped by her neighbours. A division bench comprising Justice P.S. Narayana and Justice Subhash Reddy while dealing with a writ petition filed by one M. Venkanna of Nandipahad in Nalgonda district asked the police to trace the girl within two weeks.
The petitioner stated that his daughter was kidnapped by Suma, her younger brother Madhu and Padma on the pretext of watching a movie at Miryalguda on November 2.
He told the court that the Miryalguda police registered a case against the alleged accused but failed to arrest them till date. The girl was also not traced, he said.

Special Police स्ताशंस

Hyderabad, Jan. 4: The state government told the AP High Court that it has decided to set up 23 special police stations for registration and investigation of cases under the Scheduled Caste and Scheduled Tribes Act 1989 and Protection of Civil Rights Act 1955. The police stations will be located at district headquarters. The decisions were mentioned in an affidavit following a notice from the High Court on a writ petition filed by a non-governmental organisation.
According to the affidavit, a deputy superintendent of police will be made station house officer and the special police station will have jurisdiction over the entire district. The special police station would be brought under the administrative control of the inspector-general of police of the protection of civil rights cell. The IGP will work under the director-general of police, law and order, the government stated.
Earlier the home department has asked the government to accord sanction of special police stations with additional staff of 11 DSPs, 32 circle inspectors, 70 sub-inspectors, 70 head constables and about 220 constables, drivers and ministerial staff including data entry operators. The government admitted that there was a delay in investigation due to non-receipt of reports from medical officers and also delay in issue of caste certificates of victims from revenue authorities.

Thursday, January 3, 2008

State faults babu before CAT

Hyderabad Jan. 3: The state government has told the Central Administrative Tribunal (CAT) that senior IAS officer Shaffiquzzaman attempted to mislead the tribunal to get an order in his favour. The government filed an affidavit in the CAT pursuant to the notices issued by the tribunal. The tribunal had sent notices to the government after a petition was filed by Shaffiquzzaman challenging the transfer orders of the government. The government had posted him as principal secretary, Rain Shadow Area Development department from the post of managing director, AP State Warehousing Corporation in April, 2007. Later the tribunal had set aside the transfer orders.
The government submitted that the post of principal secretary for Rain Shadow Area Development department was not an ex-cadre post as alleged by the petitioner. It also informed that the post was very much in the ambit of the provisions in the cadre rules.The government told the tribunal that the Centre had allowed the state government to have 10 posts for utilisation as per the administrative requirements.
The ex-cadre posts were made due to delay in the finalisation of the cadre review from 2003 by the central government. The state government had no other alternative except creating 36 ex -cadre posts to accomodate the officers, since vacancies were not available, government contended. The government said that as such the applicant had no ground and that he took up the matter only because he was not posted as per his choice. The government asked the tribunal to set aside its earlier orders.

Increase term to 10 years: Centre

Hyderabad, Jan. 3: The Centre has sought feedback from state governments on the proposed enhancement of punishment in dowry death cases. According to sources in the law department, the Law Commission chairman, Justice A.R. Lakshmanan, favoured increasing of the minimum sentence from the existing seven years to 10 years in cases of dowry death. The commission examined the possibility of whether Section 304 (B) of the IPC could be amended. The section provides for at least seven years in jail but which may be extended to life imprisonment. It came into force on November 19, 1986, but the incidents of dowry death have not shown any significant decline. The Law Commission submitted its report to the Centre रेसन्त्ली.

Wednesday, January 2, 2008

Think twice before you go to favourite cinema hall next time

Think twice before you go to favourite cinema hall next time. As many as 2158 cinema theatres in the Andhra Pradesh are virtual death traps in case fire breaks out.A survey by the AP Fire Services Authority revealed that about 90 per cent of theatres in the State did not have adequate fire safety equipment to tackle fire accidents. There are about 3000 cinema theatres in the State.
In the backdrop of Upahaar theatre tragedy in Delhi and a major fire accident in Pushpanjali complex at Koti in Hyderabad city, the Andhra Pradesh High Court asked the Fire Services authorities to take up a survey all over the State on the safety measures available in theatres.
Earlier, a preliminary survey was conducted and after the final survey it was found that 2158 theatres did not have fire-fightinginstallations and safety equipment.
As many as 271 cinema halls did not have provision for escape and 1806 theaters did not have emergency lights back-up in case of power failure.
About 400 theatres do not have facility to prevent the spread of smoke in the event of fire.
According to the Fire Services director-general Aruna Bahuguna,934 cinema halls had not provided open space for fire brigades tomove in during mishaps.Most of the cinema halls in the State were constructed inaccordance with the Andhra Pradesh Cinema (Regulation) Rules,1970.
Now the department has proposed to amend the rules inaccordance with National Building Code, 2005.

Prosecution Houses in AP

Hyderabad Dec 8 : The State government has decided to constructprosecution houses at important court premises where in witnessesare prepared for the trial.It was a long pending demand of the public prosecutors that theywere unable to prepare witnesses on how to depose evidence duringthe trial of important cases as they did not have facility.
Due to lack of accommodation in the court premises for witnessesthe briefing is done under the trees and at tea shops adjoining courtpremises.Law minister R. Chenga Reddy agreed to the demand of the publicprosecutors at a function on Saturday and said that the orders wouldbe issued soon for construction of the prosecution houses.
Earlier the AP High Court also directed the State government toconstruct prosecution house in each and every court premises.He said that the government will consult High Court to get sites forconstruction of prosecution houses in the premises of courtcomplexes wherever the sites are available."If the sites are not available the government will direct the districtcollectors to acquire required open sites for the construction", headded.
There are about 750 courts in the state and none have these houses.The Minister said that the finance department has accordedpermission to fill up 107 assistant public prosecutor posts and thegovernment would issue the notification within two weeks.

HC serves notice to revenue official

HC serves notice to revenue official

Hyderabad, Jan. 1: The Andhra Pradesh High Court summoned Serilingampally mandal revenue officer to appear before the court on January 25 in a contempt case. Mr G. Adavaiah, resident of Kondapur village in Ranga Reddy district, filed a contempt petition against the the revenue official, stating that in spite of the interim direction of the High Court, the official had tried to take possession of two acres of land at Kondapur.
According to Mr S. Sridhar, counsel for the petitioner, the mandal revenue officer, Mr Rama Mani, refused to comply the orders when he brought them to her notice. The High Court bench lead by Justice C.V. Nagarjuna Reddy issued notice to the mandal revenue officer to appear before the court.