My Views & Legal News of AP

Telangana CM KCR’s flagship ‘Dharani’ portal goes live

2020-11-04T22:11:00.001+05:30

S A Ishaqui

Hyderabad, Nov 3: KCR government’s flagship project “Dharani Portal”, intended to provide hassle and corruption-free land transactions online, has gone live across the state from Monday.

Chief secretary Somesh Kumar handed over the first registered copies to an individual who had made a gift deed on his wife’s name at the tahsildar’s office in Shamshabad on Monday. On the occasion, Somesh Kumar said with this, registrations of agricultural properties through Dharani have successfully started all over the state.

The CS had visited the tahsildar office at Shamshabad to oversee registrations of agricultural properties on Monday. Chief Minister K. Chandrasekhar Rao had launched the Dharani portal on October 29. Somesh Kumar said 946 members had paid money towards registrations while 888 members have booked a slot today. He pointed out that slots can also be booked at Mee-Seva centres by paying Rs. 200. He said the state government will shortly take a decision on pending mutations.

Explaining the salient features of Dharani, the chief secretary said, “It is the most easy, simple, transparent and corruption-free system. Registrations and mutations are not left to anyone’s discretion and done by Aadhaar authentication of buyer, seller, witnesses, all with biometric attendance. He explained that there are four types of registrations – sale deed, gift deed, succession and partition, which will be done under Dharani. Those with smart phones can also book their slots under Dharani. Somesh Kumar said, “If any problem arises in taking of the fingerprint, then registration can be done through iris of the eyes. Slot booking can also be carried out through payment at banks.

He said based on reports coming from districts, registrations have started at all the places. Computer-generated registration documents are being given to citizens. Any technical issues will be resolved by teams within 2–3 days.

He informed that the Chief Minister will announce a date for registration of non-agricultural lands. Special tribunals will be set up to deal with pending applications, he added.

Ends\Ishaqui

Telangana revises land regularization rates

2020-09-18T22:23:00.001+05:30

S A Ishaqui

Hyderabad, Sept 18: The Telangana government on Thursday revised the land regularisation rates under the Telangana Regularisation of Unapproved and Illegal Layout Rules.

Chief secretary Somesh Kumar issued orders amending certain clauses in the rules under Government Order No. 135, dated September 16. Under the revised rules, the government provides seven slabs instead of the four proposed in GO No. 131, dated August 31, like in the old LRS scheme of 2015.

Under the new slabs, the government prescribes regularisation charges in accordance with the market value of the plot as of August 26, 2020 (sub-registrar value).

Regularisation charges for sub-registrar value of less than Rs 3,000 per square yard will be 20 per cent, between Rs 3,001 and Rs 5,000 30 per cent, between Rs 5,001 and Rs 10,000 40 per cent, between Rs 10,001 and Rs 20,000 50 per cent, between Rs 20,001 and Rs 30,000 60 per cent, between Rs 30,001 and Rs 50,000 80 per cent and above Rs 50,000 per square yard sub-registrar value will be 100 per cent.

The revised rules specified that if 10 per cent open space is not available in the unapproved layout, pro-rata open space charges at 14 per cent of the plot value prevailing as on the date of registration of the plot will be collected, instead of the prevailing rate as on August 26, 2020.

In the amended GO, the LRS regularisation charges include the NALA fee (for conversion of agricultural to non-agricultural land use) and no separate NALA fee is to be paid by LRS applicants.

After issuing GO No 135, Kumar said the rules had been revised in view of a number of requests stating that the regularisation charges were very high when compared to those in the LRS scheme of the year 2015.

This issue was also raised by MLAs in the Assembly on Wednesday and minister K.T. Rama Rao said the LRS regularisation charges will be revised to make them similar to the ones in the LRS scheme of 2015.

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HC sets record. works without permanent CJ

2018-06-05T03:47:00.001+05:30

Catch the candidate before polls, say experts

2017-09-30T22:36:00.000+05:30

Proposal to probe nomination papers gets backing.

Representational image

By S A Ishaqui

Hyderabad, September 29: Legal experts are of the opinion that the only way to deter candidates from filing false affidavits during elections is for intelligence agencies to conduct inquiries into the antecedents of those who file nomination papers before the announcement of the list of contestants.
The Election Commission (EC) recently admitted before the Supreme Court that it found itself helpless with regard to the disqualification of candidates who made false declarations at the time of filing nominations. On August 1, 2012, the format of the affidavit appended to the Conduct of Election Rules of 1961 was amended by the Election Commission, making it mandatory for candidates to declare their assets and liabilities, including those of their spouses and dependents, criminal records, and educational qualifications.
The Representation of the People Act (RPA) stipulates that any false declaration or concealment of information in the affidavit constitutes an electoral offence punishable as per the provisions of Section 125(A) of the Act with imprisonment for up to six months, a fine, or both.
However, advocates say that the EC does not have jurisdiction over the falsification of poll affidavits. A person wishing to challenge an affidavit filed by an elected representative must move the court.
Before August 2012, it was under the purview of returning officers to file first information reports (FIRs) and follow up on them. However, the EC amended the regulations, freeing public servants from the task, due to the large number of false affidavits being submitted.
Mr Sarasani Satyam Reddy, a senior lawyer at the Hyderabad High Court, says that RPA Section 125(A) makes the filing of a false affidavit punishable with imprisonment or a fine, or both, but it does not prescribe disqualification of the representative. As per Section 8 of the RPA, an elected representative is only disqualified if he or she is convicted and sentenced to imprisonment for two or more years.
He says that the filing of a false affidavit also constitutes an offence under Section 181 of the Indian Penal Code (IPC). As per the provisions of this Section, the issuance of a false statement by a public servant under oath is an offence punishable with imprisonment for a term of up to three years, as well as a fine. This Section also does not prescribe disqualification.
Mr Satyam Reddy said candidates take advantage of the lax laws and poor law enforcement by filing false affidavits. He says that the EC has asked the Centre, on several occasions, to amend the RPA to increase the term of imprisonment to two years.
Justice P. Lakshman Reddy, a former judge of the AP High Court, says that a preliminary investigation of the claims in the affidavits, by either the police or intelligence agencies, may help deter candidates from malpractices.
He said that the EC should include a provision for the rejection of the candidature of those found to have submitted false affidavits.
He says that the act of making a statement under oath is supposed to be sacrosanct, but many candidates are not concerned with the sanctity of the affidavits. They make false declarations about pending criminal cases and their assets.
Mr Satyam Reddy said that the Constitution has empowered the EC to act in an appropriate manner when the laws contain insufficient provisions to deal with a particular situation regarding the conduct of an election.
Only 10 days needed to check election papers
Justice P. Lakshma Reddy, a former judge of the AP High Court, said that it is not impossible for the Election Commission (EC) to carry out pre-verification of the contents of affidavits filed by candidates if it sets aside a period of 10 days for the task.
He said that subsequent to the issuance of an election notification, the official machinery of the election is under the control of the EC. It can seek assistance from the departments of revenue, registration, transport and police to verify the correctness of the contents of affidavits.
The former judge said that the police department, including its intelligence and special branches, can be used to verify if candidates have any criminal cases pending against them. The revenue and registration departments can supply records of properties owned by candidates, and the transport department can supply records of the vehicles owned by them.
Justice Reddy said that the amendment of laws to either enhance punishment for the filing of false affidavits or to provide for the disqualification of candidates is not an easy task as it will be difficult for all political parties to arrive at a consensus. He said that pre-verification of affidavits by the EC is more likely to yield positive results.
A police officer from the Intelligence department, on condition of anonymity, said that the police can easily verify criminal antece-dents of candidates as most records are available with the department. The police can also make use of its intelligence network.
He said that if the EC introduces a pre-verification process, then the department will have to identify officers for the verification of criminal records.
He said that elections are countermanded in case of the death of a candidate of recognised political parties, but earlier they would even be countermanded in case of the death of an independent.
What the courts said

The Election Commission recently told the Supreme Court that it had written to successive governments at the Centre 43 times to make an amendment to increase the punishment for candidates found guilty of filing false affidavits.
The Madras High Court found that courts were empowered to disqualify the election of a candidate if an affidavit filed by him or her before the Returning Officer contained incorrect, incomplete, false or one-sided information.
The Madras High Court observed that “The requirement to furnish full information is not intended to be an empty ritual performed by a non-believer, but is intended to be sanctimonious. Therefore, a candidate is not entitled to just satisfy the letter of the law and make it sacrilegious.”

Poultry Biz: No more battery cages

2017-09-01T22:49:00.000+05:30

Law banning battery cages to be notified.

The battery cages are so small that the birds are unable to stand up or spread wings without touching the sides of the cage or other hens or circle without impediment. (Representational image)

By S A Ishaqui

Hyderabad,July31: Poultry farmers will have to soon end battery cage farming and go for cage free egg farming as the Law Commission of India has asked the Centre to notify the rules framed in 2012 to prohibit battery cage farming of egg laying hens.
The Law Commission which reviewed laws on the transport and rearing of poultry birds as per the request of the Ministry of Law and Justice informed the ministry that though rules were framed in 2012 for protection of egg laying hens and broiler chickens they have not been notified.
The panel felt that although the Animal Welfare Board of India had clarified in 2012 that confining hens in battery cages violates the provisions of Section 11(1)(e) of the Prevention of Cruelty to Animals Act, 1960, most poultries are allowing battery cages.
The law panel pointed out that hens used for the production of eggs are reared in small wire cages called battery cages, a name given due to the arrangement of cages placed side by side. The battery cages are so small that the birds are unable to stand up or spread wings without touching the sides of the cage or other hens or circle without impediment.
The panel pointed out that the floor space available to each hen was approximately 623.7 cm2, that is almost the area of a sheet of A4 paper and a typical egg farm in the ur country contains thousands of cages with thousands of birds, stacked many tiers high.
The Law Commission noted that this method of rearing hens leads to sore feet, abrasions, broken bones and other injuries to the birds.
It also increases the risk of the birds contracting contagious diseases necessitating the administration of drugs.
The commission felt that the implications of caging broilers raise several concerns, and therefore broiler battery cages should be replaced with cage-free rearing to improve stocking density, feed, and hygiene.
The panel asked the Centre to include stringent punishments in 1960 Act as existing provisions prescribed only fines.
Legal circles expect the Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2017 and the Prevention of Cruelty to Animals (Broiler Chicken) Rules, 2017 would be notified soon by the Centre.
Once these rules come into force nobody can engage in poultry farming without registering with the animal husbandry department of the state.
The poultries will be allowed to operate only after certification by the animal husbandry department that the farm is cage-free.

Supreme Court allows cameras into courtrooms

2017-08-22T22:20:00.000+05:30

2013: The Union law ministry thrice writes to SC to allow CCTV cameras in courtrooms.

Supreme Court

By S A Ishaqui

Hyderabad, August 22: The order of the Supreme Court allowing cameras into courtrooms will greatly improve current court practices, jurists feel.
The introduction of audio and video recordings of proceedings in subordinate courts will open to public scrutiny the performance of presiding officers.
Justice Gopalakrishna Tamada, former judge of the AP High Court, said that the decision of the apex court will contribute to transparency of court processes and better case management.
He feels that recordings of proceedings will speed up the trial process as trial judges will be able to replay the recorded proceedings from day one of the trial should they wish to do so.
He said the justice system should make use of modern technology and the necessary amendments to the Indian Evidence Act, enacted in 1872, should be made.
Justice P. Lakshman Reddy, former judge of the AP High Court, said video recordings of court proceedings will have an effect on the conduct of everyone present in the courtroom, be it advocates, judges, litigants, witnesses etc, as everything they say or do will be captured on camera, he said. Judges, too, will follow the code of conduct for fear of losing dignity and respect if their behaviour falls short.
He said that there is no way currently to check whether presiding officers function throughout the prescribed working hours or not. The performance of trial judges has hitherto been assessed on the basis of the disposal rate of cases, but with the introduction of video recordings, the High Court can check whether they are holding the proceedings throughout the prescribed hours or not.
Maintaining that since court proceedings are open to all, there should be no question of privacy, the former judge said, “I hope that the Supreme Court will consider allowing the general public to access the video footage in the near future, though as of now it has barred access of video footage to lawyers, litigants and the general public through the Right to Information Act. “

Time frame must for speedy trial of cases

2017-08-07T22:43:00.000+05:30

Unlike US, India does not have statutory time limits.

Hyderabad High Court

By S A Ishaqui

Hyderabad, August 7: Jurists felt that rational and non-mandatory time frames for different type of cases are the only solution for dispensation of speedy justice to the people which is mandated in the Constitution.
Legal experts said that India does not have general statutory time limits compared with the US Speedy Trial Act. The Civil Procedure Code and the Criminal Procedure Code have time frames for completing certain stages of the case. These statutes, however, generally do not prescribe time limits within which the overall case should be completed or each step in the trial should be concluded.
According to lawyers in city, the Constitutional guarantee of a speedy trial is an important safeguard to prevent undue and oppressive incarceration prior to the trial and to limit the possibilities that long delays will impair the ability of an accused to defend him.
Mr N. Ramachandra Rao, senior advocate and a member of the Bar Council, said that in view of the mounting arrears in trial courts there is a dire need of an effective and foolproof system for time-bound trials so that the victims can get speedy and qualitative justice.
Maintaining that justice hurried shouldn’t be justice buried, he said that it is an admitted fact that right now the Indian judiciary has been facing shortage of judges, staff and infrastructure. Without fulfilling these shortages, introduction of time frame for disposal of cases would lead to miscarriage of justice.
As of now, there are certain statues like Domestic Violence Act and Negotiable Instruments Act which facilitate time-bound trials. But in these cases also trial courts have been facing difficulty due to shortage of manpower, he noted.
Mr Ramachandra Rao pointed out that the Law Commission of India also had suggested a time frame for disposal of cases since from the stage of filing the case to the completion of trial, granting bails, examination of witnesses and cross examinations.
He said that fixing the time frame without providing the institutional support of having number of judges in accordance with the population ratio and sufficient supporting manpower would not yield desired results.
Mr Rao, who is also a BJP MLC, said that the Centre was focussing on constitution of tribunals to deal with certain cases to lessen the burden on higher courts.
It has been contemplating to increase number of judges in trial courts across the country which will pave way for fixation of time frame for disposal of cases.
Mr P. Subhash, an advocate practising in the Hyderabad High Court, said that countries like the US have limited mandatory time frames. However, India does not have general statutory time limits compared with the US.
He said case specific time-tables are used as standards, delay reduction methods and yardsticks for measuring delays in the system in various jurisdictions around the world, including the US, Canada and the UK.
SC favours time frame as guidelines
The Supreme Court, which is not in favour of mandatory time limits for disposal of cases at the initial stage, favours time frames as guidelines for courts.
A seven-member bench of the Supreme Court in 2002 in the case of P. Ramchandra Rao versus State of Karnataka held that mandatory time limits could not be prescribed by the court. Though the court was not in favour of mandatory time limits, it did not find problematic the use of time frames as guidelines.
A two-member bench comprising Justice A.K. Goel and Justice U.U. Lalit in a recent case observed that “speedy trial is a part of reasonable, fair and just procedure guaranteed under Article 21. This Constitutional right cannot be denied even on the plea of non-availability of financial resources.”
The bench has asked the High Courts to issue directions to subordinate courts to decide bail applications within a week and in cases where the accused is in custody, magisterial trial should be concluded within six months and sessions trial and sessions courts have to complete trials within two years. The bench said that cases, which are more than five years old, by the end of the year.

Telangana: Conciliation can reduce court backlog, say lawyers

2017-08-06T22:41:00.000+05:30

Law Commission says problem more human in India.

According to the Law Commission of India, judicial reforms are essential for the overall development of the country.

By S A Ishaqui

Hyderabad,August5: Many lawyers in the state are of the opinion that introduction of conciliation in legal disputes at pre-litigation stage is the only solution to relive Indian courts of the burden of backlog.
According to lawyers, conciliation is not available in civil and criminal cases currently. In its report in 2009, the Law Commission of India had noted, “In India, the problem is more human than economic. Ninety percent of the litigations are filed by people from rural areas. People are even fighting for half an acre of land. Therefore, there has to be an overall solution.”
Conciliation is introduced through the Industrial Disputes Act, 1947. Courts in India have recognised the Alternate Dispute Resolution (ADR) in the fields of arbitration and family law.
Mr M.V. Rajaram, a High Court advocate who is creating awareness about ADR in the twin cities and Ranga Reddy district, said that resolving civil disputes at the pre-litigation stage would be a great relief to both the parties and it will be possible when both parties agree for a conciliation.
He also said that there was no scope for conciliation in civil courts currently. If the judiciary introduces the system at the pre-litigation stage many cases can be resolved through mediation between both the parties in the presence of a judicial officer.
Mr C. Mallesh Rao, a senior advocate in the city, said that introduction of admission court in the civil side at lower level would pave way for the settlement of civil disputes and petty criminal cases though conciliation. Currently, the admission courts are available in the High Courts in the country.
This facility should be extended to the lower judiciary wherein a judicial officer can initiate counselling of both the parties. If both the parties agree for conciliation, then the judicial officer can pass the order for a settlement which will be binding on both the parties.
Alternate Dispute Resolution needed
The Indian judiciary has already recognised the advantages of Alternate Dispute Resolution (ADR) as it is less expensive, less time-consuming and free from technicalities.
Considering the advantages of the ADR as it facilitates both the parties for a free discussion on their differences without any fear, the judiciary has allowed introduction of pre-counselling in family matters and consumer disputes. In view of the advantages of counselling at the pre-litigation stage, lawyers are advocating for the introduction of conciliation in civil disputes and petty criminal cases.
The judiciary has introduced permanent Lok Adalats for disposal of legal disputes at the pre-litigation stage to provide justice to citizens. The Lok Adalats are only dealing with matters pertaining to motor accident claims, matrimonial disputes and compensation for land acquisition.
According to lawyers, the Lok Adalats also deal with the pending cases. The Lok Adalats are also unable to initiate consultations between both the parties at the pre-litigation stage as they are burdened with long-pending cases referred to them.
They noted that National Lok Adalat, which was held on July 8 in the city, dealt with hundreds of cases pending since 1994. Majority of cases are related to motor accident claims.
Mr D.S.N.V Prasad Babu, a advocate in the High Court, said that introduction of conciliation at lower courts in civil matters is need of the hour in view of the increasing backlog of cases in lower courts across the country.
He also said the Law Commission of India and the Supreme Court are also advocating for alternative dispute resolution for reducing the burden of the judiciary. The help of senior lawyers can be sought in this regard, he noted.

Abortion debate: Supreme Court verdict ‘robbed’ girl of her childhood

2017-08-03T22:31:00.000+05:30

The draft Bill allows abortion beyond 24 weeks in case the foetus suffers from substantial abnormalities.

Representational Image

By S A Ishaqui

Hyderabad, August 2: The Supreme Court judgement that refused a medical termination of pregnancy of a 10-year-old rape victim has rekindled the debate about the adequacy of the Medical Termination of Pregnancy (MTP) Act, 1971.
The SC refused abortion of a 28-week foetus on medical grounds that it would endanger the lives of both mother and child. The MTP Act legalises abortion only under 20 weeks, an exception being Section 5 of the Act, which allows abortion after 20 weeks in case it is “immediately necessary to save the life of the pregnant woman.”
An amended Bill of the 1971 law, which extends the bar from 20 to 24 weeks, has been in cold storage for the past three years. This draft Bill allows women whose pregnancies are within 24 weeks, reproductive rights in consultation with their medical practitioners.
The draft Bill also allows abortion beyond 24 weeks in case the foetus suffers from substantial abnormalities.
The demand for amending the MTP Act has been increasing from cross- section of people in view of the rising incidence of sex crimes and the urgent need to empower women with sexual rights and choices both for their own interest and for the sake of reducing fertility rate as a whole.
Rachna Waddepalli, an advocate in the Hyderabad High Court, said that in the case of the 10-year-old girl “the rights of an unborn child who cannot advocate for itself, versus the rights of its mother who is herself a child, one has to strike a balance. Right to “life” of the foetus should not include just a right to “birth,” but “life.”
The advocate opined that “in the present case, deciding on a late term abortion was not by choice. Medicine has advanced enough to let doctors help the little girl in good faith and take care of her health. And if it’s too risky, it’s a risk worth taking under the circumstances as decided by her parents for her.”
She pointed out, “When one can terminate a child at 20 weeks, which is viable in India, 24 weeks is the viability in the UK, would the courts also charge the killing of a pregnant woman with a double murder? Why would the value of the life of a foetus as a person be lessened then? Are the moot questions with no answers?”
She said that the Supreme Court denying permission to a 10-year-old rape victim to abort her 28 week pregnancy on medical grounds that it would endanger both their lives brought to the fore the debate of Law versus Morality.
The Supreme Court has held that “life” has to be meaningful, complete and worth living. Abortion is allowed in case it’s inevitably necessary to save the life of the pregnant woman.
She explained that the strict reading of the provision of the law and asking a woman to carry the baby to full term, deliver it and bring it up is going to put her through mental and physical agony.
Ms Wadepalli said, “The victim’s right to life guaranteed under Article 21 of the Constitution was already affected by the repeated rape by her uncle. The opportunity granted by law to develop in a healthy manner with educational facilities has been robbed; her personal dignity and intimate choice are put at risk. It’s not about women’s rights and their respective choices. It’s a child’s right to a pain-free life and about giving back her childhood.”
The grounds for allowing abortion in this case at an advanced stage of pregnancy, which is an exceptional circumstance, ought to have been that the petitioner is a young rape victim and an unwilling mother-to-be as there have been instances where the courts have allowed termination beyond 20 weeks, she added.
K Aruna, another advocate of the High Court, said that in several cases the Supreme Court has allowed an abortion beyond the permissible limit of 20 weeks pregnancy by treating it as a special case.
She said that in January this year the Supreme Court allowed a 22-year-old woman from Thane to undergo abortion in the 24th week of her pregnancy as the baby suffered from anencephaly, a life threatening condition.
She felt that the pendency of the amendment to the legislation has forcing women to bear unwanted babies.

2016 July: The SC allowed a woman to abort in her 24 week of pregnancy, granting her the benefit under Section 5 of the MTP Act, 1971, that allows abortion despite the 20-week ceiling.
2008: The Bombay High Court in the case of Haresh and Niketa Mehta observed that only the Legislature could address the demand for change in the legal limit, and that meant that India started the process of re-evaluating provisions of the Medical Termination of Pregnancy Act, 1971
2015: the SC permitted a 14-year-old rape victim from Gujarat to abort after 20 weeks by treating it as a “special case.”

Judgement delay costly for victims
Doctors claim that the stigma surrounding abortion in our country often leads to pregnant women resorting to quacks and home methods of abortion which is harmful to the mother's health.
Gynaecologist Dr Rooma Sinha says, “Often pregnant women are denied abortion due to religious customs that dictate against abortion. Abortion towards the last trimester is just like prolonged labour so it should be advised to have the procedure done as early as possible.” In cases of young mothers, an abortion harms their health.
Dr Sasikala Kola says that information such as whether the mother is anaemic, underweight, and her age, should be taken into consideration when taking a call on abortion.
“Many families are afraid of the backlash, and in the case of rape victims, they don’t speak out for fear of threats from the perpetrators. This leads to the delay in getting an abortion and our law does not then allow it.”
She says families should be aware of their girl children and keep a watch on them. Letting a pregnancy go beyond the stipulated ‘safe period’ could lead to complications if the abortion is not performed by recognised doctors.
Dr Vimee Bhindra says going to court cost the rape victim four weeks, which is huge in terms of pregnancy. The judgement process in such cases should be faster, say, three to four days. Gynaecologists see septic abortions and non- institutional deliveries on a daily basis.
“We see a lot of cases where the family tries to hush up an unwanted pregnancy by going to quacks. Some use washing sticks to clear their uterus, leading to bowel perpetuation. There is no regulatory body to keep a check on who is performing abortions,” says Dr Sasikala.

Telangana: Relief for government officials in Raheja case

2017-06-22T22:52:00.000+05:30

ACB proceedings against officers quashed.

B.P. Acharya, Ratna Prabha and Subrahmanyam

By S A Ishaqui

Hyderabad, June 21: In a major relief to several IAS officers, including L.V. Subrahmanyam, B.P. Acharya and K. Ratna Prabha, the Hyderabad High Court on Tuesday quashed an order passed by the Special ACB Court of the city to prosecute them for their involvement in the Raheja Mindspace-APIIC joint venture project.
Justice B. Siva Sankar Rao was hearing petitions by Mr Subrahmanyam and Mr Acharya, managing directors of APIIC, and Ms Ratna Prabha, Mr Gopi Krishna IPS and Mr P.S. Murthy from the Information Technology and Communications department, and Neel Raheja of Raheja Corporation, urging the court to quash proceedings against them initiated by the Anti-Corruption Bureau. The ACB has charged these officials with “playing mischief” and “generating” an idea of giving alternative land at Nanakramguda by not paying cash to the JV company which resulted in decreasing APIIC’s share from 11 per cent to just 0.55 per cent. The case was lodged by T.Sriranga Rao, a city-based advocate.
He had moved a private complaint before the ACB court after which investigations were ordered.
Justice Siva Sankar Rao held that the trial judge has no power to review a previous dismissal or closed order.
ACB didn’t produce proof: HC
Justice Siva Sankar Rao held that the trial judge has no power to review a previous dismissal or closed order in view of the specific bar under Section 362 of the Cr PC and thereby the order of the special judge of December 28, 2015 in suo moto reopening the matter was unsustainable.
Maintaining that prior sanction to prosecute government servants is mandatory under Section 19 of the Prevention of Corrup-tion Act, and Section 196 of the CrPC, the judge held that in view of the rejection of the sanction by the Union of India, the proceedings against the petitioners are unsustainable and are liable to be quashed.
The judge held that there was nothing to attribute any criminal common intention, breach of trust or cheating against the petitioners and they have committed no criminal misconduct as public servants and there was no wilful acts on their part to cause any loss to the government or to benefit Raheja or its officials and nothing to show that they were involved in any agreement with Raheja Corporation to cheat the government.
The judge ruled that none of the offences with which the petitioners are charged have been proved against them either under sections 420 & 209 r/w. 34 or even under section 13 (1)(d) r/w 13(2) of the Prevention of Corruption Act.
The judge also held that the ACB had not produced evidence to show that the APIIC had abetted the petitioners to accept bribes.

Ramzan: People debate start of fasting

2017-06-13T22:55:00.000+05:30

Stretching the meal can put fast at risk

“Some people now argue there is nothing wrong in eating sehri till the completion of morning Azaan. This is not a good practice,” he said. The Moulana, who advocates forbearance in sehri, said that modern technology ensures we can get the exact daybreak time.

By S A Ishaqui

Hyderabad,June12: Of late, there has been serious discussions every Ramzan over when exactly does the time to stop eating sehri starts and the day’s fast begins. Similar discussions also take place over iftar timings.
While some Muslims feel that traditionalists are too particular about the start of fast and end of sehri, most Muslims say that stretching the sehri time too much can risk the fast itself.
The late Israr Ahmed, a renowned Muslim scholar, had quoted verses from the Quran in one of his sermons: “And eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your Saum (fast) till the nightfall.”
Scholars say that this means that there should be enough light in the sky to differentiate between the colours in the night.
“With artificial lights, this would be extremely difficult for people, especially those living in the city. The ambient lights would make it impossible,” says Maulana Afzal Barkati, head, Madarsa-e-Barkatiya.
Moulana Shaiykh Ismail of Hyderabad says that traditionalists put too much emphasis on the timing. He quoted a Hadith wherein the Prophet instructed his companions: “The Azaan (call to prayer) of Bilâl should not prevent you from eating Sahûr (predawn meal) because he gives Azaan at night, therefore keep eating and drinking until you hear the Azaan of Abdullah b. Umm Makktum. He (Abdullah b. Umm Makktum) gives Azaan when Fajr comes.”
He argues that according to this Hadith, one can eat sehri till the call for morning prayers is heard. Moulana Mohammed Farooq Quadri, Khatib of Masjid-e-Noor, said that there was nothing wrong in being careful about the timings.
“Some people now argue there is nothing wrong in eating sehri till the completion of morning Azaan. This is not a good practice,” he said. The Moulana, who advocates forbearance in sehri, said that modern technology ensures we can get the exact daybreak time. “It is safer to end sehri a few minutes before this time,” he said.
Maulana Afzal Barkati said that in countries like Saudi Arabia, Azaan is said at the point of daybreak. “In India, we use sirens to signal the end of sehri time, while they say Azaan. People who lean towards the Saudi Wahhabi ideology blindly try to follow that system, not remembering that the system is different,” he says.
Mansoor Ali Ishaq, an IT professional, said in the olden days, timings for sehri and iftar was followed on the presumption that there was no equipment available for accuracy. “These days we can get the actual timings for sehri and iftar from information available with various sources, including the Met department which can give accurate sunrise and sunset timings, so one does not have to depend on sirens to begin and break the fast,” he says.

Telangana, Andhra Pradesh face quota conundrum

2016-12-30T22:14:00.000+05:30

Kapus remind Naidu of his election promise in AP.

By S A Ishaqui

Hyderabad, Dec 30:Reservation movements are slowly gaining momentum in both Telangana and Andhra Pradesh, with the ruling parties not moving on their election-time promises after coming to power.

TD president N. Chandrababu Naidu had promised to provide reservations in education and jobs for the Kapu community during the 2014 election campaign. TRS president K. Chandrasekhar Rao had promised 12 per cent reservations to Muslims in the election manifesto.

The Kapu Nadu and Kapu Reservations Porata Samiti have begun a legal battle and plan to launch a peoples’ movement for inclusion of Kapu, Telaga, Balija and Ontari communities in the Backward Classes list. In Telangana, the BC Katika Quraishi Caste Association has moved the Hyderabad High Court.

Shaik Ahamed Quraishi, founder general secretary of the association, said the government had included the Arekatika, Katika and Are-Suryavamshi castes in the BC-D group but had omitted the Katika Quraishis though the community practices the same profession as the other three. He said the Katika Quraishi caste was included in the BC list by the AP government in 1986 along with nine others. That inclusion was stuck down by the High Court for exceeding the limit of 25 per cent reservations for BCs. The court did not fault the inclusion of the community in the BCs list, he said.

He said the National Commission for Backward Classes had recommended the inclusion of the caste into the BCs list and the Union Cabinet had approved the measure. Despite this, both the TS and AP governments had not included the community in the BCs list, which is why the association had moved the High Court.

Affan Quadri, secretary of the Mehar Foundation, said it would launch a movement to pressurise the Telangana state government to fulfil its promise of providing 12 per cent reservations to Muslims.

The government had set up a committee to study the economic, social and educational backwardness among Muslims to build the base for reservations before constituting the BC Commission, but the delay in the process will lead to loss of opportunities in the ongoing state recruitments, he added.

In AP, Dr K.V.K. Rao, chairman, Kapu Reservations Porata Samiti, said there was unrest in the community as the government was conducting an inquiry for inclusion of the Kapu, Telaga, Balija and Ontari communities in the BC list. The samiti has moved the High Court. “We are also planning a massive people’s movement in AP to achieve our demand,” Mr Rao said.

In and out, Kapus fight for quotas

The Kapu, Balija, Telaga and Ontari communities, which were grouped as one class under the broad category of Telaga, have been in and out of the Backward Classes over the last 100 years. The four communities were listed as BCs from 1915 but were removed from the list in 1956. They were brought back into the list five years later, but excluded in 1966. The community has been fighting for re-inclusion since then.

According to Dr K.V.K. Rao, people generally referred to as Kapus along with the sub-castes are socially and educationally backward. They are involved in various occupations primarily in the unorganised sector. The people of the community are engaged in odd jobs and professions; many are peasants and farm labour. A majority of the population does not have a presence in the organised sectors, which are considered dignified in the social hierarchy of communities, he said.

Dr Rao said that for years, various community organisations had been trying to secure an inquiry and recognition of the Kapu community and its sub-castes as “socially and educationally backward classes”. A series of representations had been periodically addressed to the government, he said.

Big demand for seats in Telangana Wakf Board polls

2016-12-26T06:00:00.000+05:30

S A ISHAQUI

The term of the elected Wakf Board expired in 2012, and the Board has been running under the charge of a special officer.

The government has issued the election notification on December 7, 2016 and the elections will be held on January 10, 2017. (Representational image)

Hyderabad: Many prominent Muslim personalities are competing to become members of the Telangana State Wakf Board as membership provides scope for lucrative ‘backdoor’ income, privileges and protocol advantages. Elections are scheduled for January 10.
The Board has properties across the state and more particularly in Hyderabad worth hundreds of crores. Though the Board receives meagre income, the unofficial income generated through these properties is a major factor for the competition for membership.

Sources said that there is every possibility for the member to make money right from the issuance of marriage certificate, transfer of tenancy or lease rights to transfer successorship of mutawallis.

Section 63 of the Wakf Act empowers the Boa-rd to appoint mutawallis to the managing committees of Wakf institutions. It was an open secret that money — about Rs 1 lakh — chan-ges hands in appointment of each mutawalli.
Mr Iliyas Shamshi, president of Reformist Front of India, said persons running Wakf institutions try hard to acquire a berth on the board as it would help in protecting the interests of Wakf institutions which are in their control.
He said, “Once such persons get a berth, people generally fear to lodge complaints against them though there are glaring irregularities in the institutions run by them. Even if complaints are lodged against them, they have every opportunity to hush up such complaints.”
Mr M.K. Hasan, a Wakf activist, recalled that about two years ago the special officer of the erstwhile AP Wakf Board cracked the whip against several muta-wallis including one in the city for allegedly selling Wakf land.
He said, “As per the Wakf Act, the Board has the power to lease out the properties by fixing the annual or monthly rental. Board members play a key role in fixing rentals. The rental rate always depends on the understanding between the members and the lease holders.”
Mr Mohammed Faruque, chief patron of Shaheen Society, which works for the uplift of Muslim women and protection of Wakf properties, said that as per protocol, Board members were entitled to get invitations for official functions and they used the opportunity to lobby.

Telangana: Loans to get easy for tenant farmers

2016-12-05T05:53:00.000+05:30

Telangana: Loans to get easy for tenant farmers

S A ISHAQUI

New Telangana tenant law to remove ‘tiller will be owner’ clause.

Lack of this access had been driving farmers to suicide in many cases. (Representational image)

Hyderabad, Dec 5 :The Telangana state government has decided to amend the AP (Telangana Area) Tenancy & Agriculture Act, 1950, to provide farmers access to institutional credit. Lack of this access had been driving farmers to suicide in many cases.
Tenant farmers are excluded from the formal financial sector because they don't have land titles. Though the existing Act mandates a written lease agreement between tenant and land holder and requires a copy of every lease to be presented to the tahsildar concerned, many land owners don’t enter into written agreements fearing that they may lose the right to their land if the lease is recorded.

According to legal experts, the provision under the Act for ’adverse possession’ is the main hurdle in recording the lease in the record of the revenue department. The provision confers ownership or occupancy right on a tenant who has cultivated the land continuously over a long period of time.
In its draft Model Agricultural Land Leasing Act, 2016, NITI Aayog had suggested removing the clause of adverse possession in land laws of various states as it interferes with free functioning of the land lease market.
Studies of farmers’ suicides conducted by district collectors in Telangana state suggest that all the deaths are due to the inability to repay private loans that charge huge interest rates. In the absence of lease agreements, tenant farmers are forced to depend on private sources to meet their credit requirements.
The survey conducted by the National Sample Survey Organisation revealed that a negative growth rate of over 10 per cent registered in the agricultural sector was due to lack of access to adequate institutional credit, as well as persistent crop failures, rise in input co-sts, irrigation facilities, fake seeds and increa-sed use of fertilisers.
Telangana Deputy Chief Minister Mohammed Mahmood Ali said that the government had sought the assistance of Nalsar University to prepare an affective law that would protect the interests of tenant and land owners.
Though the existing Act provides for a five-year lease, many owners lease their land only for one or two crop seasons, fearing that a longer lease will lead to their losing their land.
Tahsildars must be made accountable
Tenant farmers will have access to institutional credit only when tahsildars level are made accountable for issuing tenancy certificates, said Mr Saramp-alli Malla Reddy, leader of the All India Kisan Sabha.
He wants the provisions of the proposed new law to include stringent penal provisions if tahsildars fail to issue certificates. He said that in December 2011, the erstwhile AP government had passed the Land Licensed Cultivators Act to grant tenant farmers access to institutional credit by giving them annual loan eligibility cards.
He said that though there was a provision in law for tenant farmers to enter their names in the revenue records, the tahsildar has to enter their name without the consent of the land holder in a column marked for the purpose.
He said making an entry in the column wo-uld not give any right to the tenant to claim title over the land, yet officials don’t enter their names due to pressure from landlords.

Lack of this access had been driving farmers to suicide in many cases. (Representational image)

Hyderabad: The Telangana state government has decided to amend the AP (Telangana Area) Tenancy & Agriculture Act, 1950, to provide farmers access to institutional credit. Lack of this access had been driving farmers to suicide in many cases.
Tenant farmers are excluded from the formal financial sector because they don't have land titles. Though the existing Act mandates a written lease agreement between tenant and land holder and requires a copy of every lease to be presented to the tahsildar concerned, many land owners don’t enter into written agreements fearing that they may lose the right to their land if the lease is recorded.

Hyderabad High Court to hear plea on demonetisation

2016-11-10T05:56:00.000+05:30

Hyderabad High Court to hear plea on demonetisation

S A ISHAQUI

The bench told counsel that the matter will be listed in the usual course on Thursday.

Hyderabad High Court

Hyderabad: The Hyderabad High Court will hear a petition on Thursday seeking to declare the action of the Centre in withdrawing Rs 500 and Rs 1,000 rupee notes from circulation from the midnight of Nov 8 and the notification issued in this regard under Sub Section 2 of Section 26 of the Reserve Bank of India Act, 1934 as illegal.
Mr K. Srinivas, a practicing advocate in the city, moved the plea against the action of the Centre and also challenged Section 26 (2) of the RBI Act which empowers the Centre to take such action on the basis of recommendations of the Direct Taxes Commission.

Mr P.V. Krishnaiah, counsel for the petitioner, made a mention before a division bench comprising acting Chief Justice Ramesh Ran-ganathan and Justice A Shankar Narayana urging it to take up the hearing as the Centre’s decision had caused inconvenience to the public.
The bench told counsel that the matter will be listed in the usual course on Thursday. He said it had become necessary to challenge provision of the RBI Act which gave arbitrary power to the Centre without prescribing guidelines as to how to exercise such power and under what circumstances it could be exercised. He said the modalities and procedure to exercise such power need to be examined. He said that several High Courts had held that giving such power without prescribing any Act or Rule was arbitrary and illegal.
Mr S. Sriram, advocate at the High Court, who is well-versed with financial matters said, “It is a policy decision of the Centre. No decision is beyond the judicial scrutiny of law courts. The courts may exercise its power applying the parameters of law to test whether the decision is in the overall public interest or not and all alternative methods to not cause inconvenience to the public are in place or not.”

Telangana Wakf Board sits on a goldmine, ignores several assets

2016-06-15T00:37:00.000+05:30

Telangana Wakf Board sits on a goldmine, ignores several assets

DECCAN CHRONICLE. | S A ISHAQUI

Published Jun 14, 2016, 2:00 am IST

Updated Jun 14, 2016, 7:37 am IST

Board has ignored several assets which it can use to raise revenues.

A picture of the Haj House at Nampally, Hyderabad. The Wakf Board is sitting on several parcels of land which can be developed to earn revenue.

Hyderabad: Several prime properties in Hyderabad that would otherwise have fetched crores to the Telangana State Wakf Board, have been lying vacant for several decades. Though the Board had identified the properties long ago to generate additional income, no concrete steps have been taken so far.
Sources said that the Board has a yearly income of only Rs 5 crore though it has huge tracts of lands in various districts of the state and also prime properties in the capital city. This Rs 5 crore gets exhausted every year for paying salaries to staff and also for maintenance.
As per provisions of the Wakf Act, the Board has an obligation to protect Wakf properties and also maintain them. It also has a statutory obligation to take care of the welfare of destitute, orphans and widows of the Muslim community.
Sources said that currently the Board was giving pensions to a few widows by depending on grants-in-aid from the government every year. Elders of the community say that if the Board develops the properties it has, it will generate crores in revenues every year which in turn would enable it run old-age homes and orphanages, besides giving pensions to Muslim widows.
Infographic
A senior officer in the Board said that there was a provision in the Wakf Act to develop Wakf properties by inviting private players to fetch revenue for the Board.
The relevant provision in the Wakf Act states: “In case the Board is satisfied that any Wakf property may be developed for the purposes of the Act, it may, after recording the reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing a recommendation of development of such Wakf property, which shall be passed by a majority of two-thirds of the total membership of the Board."
Mr Altaf Hyder Rizvi, a former Wakf Board member, said that the Board had constructed a huge complex besides the Haj House long ago without taking a single rupee from the state government. He said that the complex was still lying idle.
When there was an elected committee in the Board before bifurcation of the state, it had decided to rent out the building, but the proposal is still pending with the government. Several other vacant lands of the Board also remain unused, he added.
Wakf proposals lie with state
The TS Wakf Board has identified 26 properties in the city and its surroundings to develop on Build-Operate-and-Transfer basis.
According to Mr Syed Omer Jaleel, special secretary of the minorities’ welfare department, the Board had sent a proposal to the state government for six properties that required immediate attention to generate more revenues for the Board.
He said that as per the Wakf Act, the state government’s approval is mandatory for giving Wakf properties to private parties for development. He said, “Though we had send the proposal long back, the government has been examining all the aspects to avoid unnecessary litigations. Recently we have orally reminded the government about the pending proposal.”

2016-06-08T04:27:00.000+05:30

IB probes reason behind delay in Hyderabad HC bifurcation

DECCAN CHRONICLE.

Published Jun 7, 2016, 1:58 am IST

S A Ishaqui

The Hyderabad High Court had ruled that the high court of a particular state has to be located within its territorial jurisdiction.

Hyderabad High Court

Hyderabad: The Intelligence Bureau has been inquiring into the delays in bifurcation of the common High Court between AP and Telangana states.
In the backdrop of T-advocates launching an agitation demanding bifurcation of the High Court and also against the provisional allocation of subordinate judicial officers between the two states, the IB has asked its local officers in Hyderabad to submit a report on the agitation and also on the reasons behind the delay in bifurcation of the High Court.
According to sources, the IB officers in the city have prepared a report informing their higher-ups in Delhi that as per the provisions of the AP Reorganisation Act, 2014 it is the AP government which has to provide either temporary or permanent accommodation for the establishment of the separate High Court in AP.
Though the Centre has already allocated funds for Raj Bhavan, Secretariat and High Court, the AP government has not allocated the accommodation for establishment of the High Court, the report mentions. This, the sources quote the report as saying, is the main stumbling block behind the bifurcation of the judiciary between the two states.
Once the AP government allocates accommodation, either temporary or permanent, for the High Court and residences for judicial officers, it is for the Supreme Court and the Centre to take steps for issuance of a notification by the President constituting the separate High Court.
IB sources revealed that intelligence wing officers in the city cited the Constitutional provisions and procedure contemplated under the Reorganisation Act for the constitution of the separate HC for AP, in their report.
The sources said that the IB officers also cited the circumstances led to court work being paralysed across the state, except in the common High Court, on Monday, due to the stir by subordinate judicial officers, judicial employees and T-advocates against the provisional allocation of subordinate judicial officers between AP and TS.
The IB officers reported to their higher-ups that the HC verdict, categorically ruling that the high court of a particular state has to be located within its territorial jurisdiction when the TS government come forward to provide temporary accommodation for a separate HC for AP in Hyderabad till the AP government provided suitable accommodation for the court in that state.

Telangana Wakf Board awaits GHMC cash

2016-05-31T00:40:00.000+05:30

Telangana Wakf Board awaits GHMC cash

DECCAN CHRONICLE. | S A ISHAQUI

Published May 30, 2016, 12:43 am IST

Updated May 30, 2016, 12:43 am IST

GHMC yet to pay compensation for properties taken over by it.

The corporation has been acquiring Wakf lands for road widening and other things since many years but has hardly paid any compensation.

Hyderabad: The apathy of the State Wakf Board has cost it about Rs 400 crore in compensation from the GHMC.
The corporation has been acquiring Wakf lands for road widening and other things since many years but has hardly paid any compensation. Sources said that the claims of compensation have been pending for two decades and none of the officers of the Board has bothered to recover it from the civic body, apart from sending out reminders.
Citing an example of a property located in Begumpet where the City Police Commissioner’s Task Force Office was housed earlier, sources said parts of the property were acquired in 1999 and 2006 for road widening and recently for a third time for Metro Rail.
The Board got Rs 27 lakh as compensation for the land acquired for Metro Rail. Compensation claims for land acquired on the earlier two occasions are still pending with the GHMC.
Several properties belonging to the Wakf Board in the Afzalgunj-Yerragadda stretch were acquired by the GHMC for road widening, including the maqbara of Faqrul Mulk at Ameerpet, and for Metro Rail.
Compensation of Rs 1,85 crore was deposited to the Board for only one property and also in the name of a self-styled mutawalli. Former Board member Altaf Hyder Rizvi said that 650 cases of compensation were pending with the GHMC.
When contacted Mr Asadullah, CEO of the Wakf Board, said that in many of the cases, the GHMC had acquired Wakf land without notice to the Board, which was illegal.
When the Board and the special secretary of the minority welfare department brought this to the notice of Chief Minister K. Chandrasekhar Rao, he instructed the GHMC to sort out the issue and pay compensation.
The GHMC informed the Board that it had paid compensation in some of the cases to mutawallis to which the Board objected; mutawallis were caretakers of properties and the Board owned the property.
The GHMC had also claimed that some properties were acquired by invoking Sections 145 and 146 of the GHMC Act which empower the corporation to acquire properties with mutual consent of the property owners, Mr Rizvi added.
He said, “In such cases too, notice and written mutual consent are mandated and that is why we sought the GHMC to furnish copies of notices and mutual consent letters to the Board. We are yet to receive the copies; after receiving them the Board will represent to the government for recovery of compensation.”

2016-05-27T04:44:00.000+05:30

Telangana asks Centre to intervene in allocating judicial officers

DECCAN CHRONICLE.

Published May 26, 2016, 1:33 am IST

S A Ishaqui

Union law minister asked not to process judges recommendations.

Telangana told minister that out of nine persons recommended for the post of High Court judges, only three were from Telangana.

Hyderabad: The TS has sought intervention of the Union Law Minister in allocation of subordinate judicial officers between AP and TS and also in appointment of judges to the High Court.
Special Representatives of the TS government in Delhi, S. Venugopala Chary and Ramachandra Tejawat, met Law Minister Sadananda Gowda and submitted a representation.
During the meeting, both the representatives complained to the minister that neither the Governor nor the Acting Chief Justice consulted the TS Chief Minister while recommending nine names for the appointment of High Court judges. However they consulted the AP Chief Minister.
Through the representation, they brought to the notice of Mr Gowda that, knowing fully well that Acting Chief Justice is on transfer by elevating him to the post of Chief Justice and another judge, Justice G. Chandraiah is retiring soon, the collegium met on April 30, 2016 and recommended nine names of judicial officers and advocates for posts of judges of High Court.
They told the minister that out of nine persons recommended for the post of High Court judges, only three were from Telangana. Referring to recent provisional allocation of subordinate judicial officers between both states, they said that 95 officers of district judge cadre were allotted to Telangana state, of whom 46 are natives of AP.
The special representatives said that as against 140 district judge cadre posts in AP only 110 officers were allocated, leaving 30 vacancies. Similarly, allocations were made leaving vacancies in the cadre of senior civil judges and junior civil judges.
They urged Mr Gowda not to accord sanction or process the judges’ recommendations unless the TS Chief Minister is also consulted on the issue. They requested that steps be taken to rectify the situation. After the meeting, Mr Chary and Mr Tejawat said that Mr Gowda responded positively and promised that he will examine the matter.
Meanwhile T-Advocates JAC on Wednesday announced that it would launch a massive state-wide agitation from June 1 for creation of a separate High Court for AP and also in protest against provisional allocation of judicial officers among both states.
T. Sriranga Rao, Goverdhan Reddy and other leaders of TAJAC on Wednesday said that the Centre has been showing discrimination against TS in all aspects, including power, irrigation projects and bifurcation of the Common High Court.
Claiming that BJP and Congress leaders of TS were responsible for the affairs prevailing in the state, they demanded that the Centre take immediate steps to constitute separate High Court for AP.
While recalling the assurance given by Mr Gowda during his visit to Hyderabad that the Centre would take immediate steps for separation of Common High Court, the TAJAC leaders alleged that the Centre betrayed the Telangana people.
Mr Sriranga Rao demanded that the Centre bring out an ordinance if necessary for establishment of separate High Court for AP similar to what was done earlier in merger of seven mandals of TS with AP.
The TAJAC leaders warned the Centre that a massive agitation will be launched from June 1 along with employees of judiciary and judicial officers if the Centre fails to take steps to constitute the separate High Court and rectify the provisional allocation of subordinate judicial officers.

Telangana, AP bifurcation: Judicial officers want fair divide

2016-05-16T00:44:00.000+05:30

Telangana, AP bifurcation: Judicial officers want fair divide

DECCAN CHRONICLE. | S A ISHAQUI

Published May 15, 2016, 2:51 am IST

Updated May 15, 2016, 3:08 am IST

Telangana judicial officers say that the provisional list was prepared based on majority opinion.

Now judicial officers have decided to protest against their allocations. (Representational image)

Hyderabad: For the first time in the history of the judiciary of Andhra Pradesh and Telangana state, TS subordinate judicial officers have resolved to take up a massive agitation against the allocation of subordinate judicial officers between the two Telugu states.
After the bifurcation Andhra Pradesh, the allocations of All India Service Officers, employees of universities and power utilities of both states landed in legal tangles. Now judicial officers have decided to protest against their allocations.
Sources close to the Telangana Judicial Officers Association said that juridical officers had decided go on mass casual leave if the registry refuses to prepare a fresh list as the present allocation is contrary to the guidelines issued by the High Court on February 26, 2016 and to Sections 77 to 79 of the AP Reorganisation Act, 2014.

Telangana AP bifurcation (Infographics)

They also resolved to express their dissatisfaction against the allocation by wearing black badges during lunch hours from June 3 in front of their respective courts. The association has authorised the executive committee to decide on the date to go on the mass casual leave.
The Telangana judicial officers say that the provisional list was prepared based on majority opinion in a full court meeting held on April 30, 2016 ignoring the guidelines and the provisions of the Act.
They are of the opinion that the surplus allocation of non-local candidates in the state will hamper the chances of the younger generation of TS aspirants to enter judicial service as vacancies will arise only after five to six years if this provisional allocation is allowed.
Sources revealed that the main contention of the judicial officers was that no Act, statue, rule or guideline permitted the High Court to allocate purely on the basis of options without regard to their place of birth or nativity.
They are of the opinion that the allotment appeared to be an arithmetic exercise, not scientifically done either on the basis of 60:40 or 48: 52 ratios as specified in the bifurcation Act.
They point out that the first guideline of the High Court is: “The allocation shall be done in the order of seniority as available on June 2, 2014. Preference shall be given first to those who have opted for the state in which the district declared by them at the time of entering into service.”
The third guideline specifies: “If still there are vacancies in one state and officers are found to be in surplus in another state, they shall be allotted to either of the states at the discretion of the Chief Justice.”

NEET has no clarity on dealing with quotas

2016-05-03T01:06:00.000+05:30

NEET has no clarity on dealing with quotas

DECCAN CHRONICLE. | S A ISHAQUI

Published May 2, 2016, 12:58 am IST

Updated May 2, 2016, 2:50 am IST

Quotas vary between states, MCI silent on handling them.

The Medical Council of India notifications issued in 2010 and 2012 to hold Neet for medical and dental college admissions stipulated that reservation of seats for the respective categories will be done as per prevailing laws. (Representational image)

Hyderabad: With the Supreme Court ordering repeatedly that the National Eligibility-cum-Entrance Test (Neet) would cover all medical and dental college seats countrywide, confusion prevails over the status of state-level reservation quotas.
The Medical Council of India notifications issued in 2010 and 2012 to hold Neet for medical and dental college admissions stipulated that reservation of seats for the respective categories will be done as per prevailing laws. There was no specific mention of the reservation quota in individual states — each state has its own specific quota requirements. Tamil Nadu has 69 per cent reservation which is protected by the 9th Schedule of the Constitution, Maharashtra 52 per cent while Karnataka, AP and TS have 50 per cent.
In AP and Telangana, the 50 per cent quota includes the 4-per cent for Muslims.
Besides, each state has its own pecularities. The Reddy community is in the general category in TS and AP, but is listed as a Backward Class in Karnataka. It is not clear if a student from the Reddy community from AP or TS can claim reservation in Karnataka. Similarly, Muslims get four per cent quota in TS and AP. It has not been clarified in the Neet order if a Muslim student from TS and AP can claim a seat in the general pool in.

Now, the MCI said private college management should participate in the national pool for Neet by submitting 15 per cent of their seats. College managements and parents of medical aspirants have no idea how the 85 per cent of seats would be filled.
Now, out of 100 seats in a private college, half the seats form part of the convener quota for merit students. There is a 35 per cent management quota, and a 15 per cent is NRI quota. The MCI has not said how these quotas will be adjusted.
Legal experts wait to see how states react
Legal experts are waiting to see how the Medical Council of India goes ahead with a common nationwide admission process when each state has its own set of rules. High Court advocate S. Sriram, who has studied Medical Council of India matters, pointed out that so far there was no clarity with regard to the reservation and admission process. He said, “While a common entrance test and transparent admission process is welcome, hasty implementation of a policy that lacks clarity would only create confusion among students.”
Maintaining that special status accorded to TS and AP has to be looked into while bringing them under the purview of Neet, Mr Sriram said, “The requirements of the Presidential Order and the implications of Section 95 of the AP Reorganisation Act need to be looked into.”
The Presidential Order provides for “regional equalities” for students between TS and AP. Dr N Appa Rao of the Indian Medical Association, who secured a stay of the Neet notification in 2011-12, said local students would suffer if both government did not resist Neet.
He said a majority of students in the two Telugu states are strong in the biological science stream whereas students from northern states are better prepared in physics and chemistry. This could render the results askew. He reminded that in 2012, the then AP High Court had stayed Neet in undivided AP after considering the fact that the provisions in the MCI notification for Neet were in violation of the special status granted to the state.
Telangana Private Medical and Dental Colleges Association president C. Lakshmi Narasimha Rao said the group will hold its own entrance test this year to fill B category seats.Vice-chairman Syed Azaz-Ur-Rahman of the Shadan Educational Society, which runs the Shadan Medical College, said, “We and Owaisi Medical College made admissions based on Eamcet rankings without conducting a separate test, though we have the right to hold the test.
This time we await the final outcome of the hearings on Neet in the Supreme Court.” He said, “We are told that state rankings will be awarded by taking state as a unit in the results of the Neet.”

Hyderabad HC suspends interim order on Monsanto seeds

2016-04-22T00:22:00.000+05:30

Hyderabad HC suspends interim order on Monsanto seeds

DECCAN CHRONICLE. | S A ISHAQUI

Published Apr 21, 2016, 3:31 am IST

Updated Apr 21, 2016, 3:31 am IST

The Telangana government issued a GO Rt No 238 on May 11, 2015 by fixing Rs 50 as royalty per packet cotton seed.

The government had preferred an appeal before the Bench.

Hyderabad: A division bench comprising acting Chief Justice Dilip B. Bhosale and Justice P. Naveen Kumar of the Hyderabad High Court on Wednesday suspended an interim order granted by a single judge staying the Telangana government’s decision of fixing Rs 50 as royalty per packet of BT cotton seeds, till June 14.
A single judge had granted the stay on the decision of the government in a petition moved by Mahyco Monsanto Biotech (India) Pvt Ltd, challenging a GO issued by the government fixing Rs 50 as royalty per packet of BT cotton seeds.
The government had preferred an appeal before the Bench, which had ordered the registry to list all the cases regarding disputes on BT cotton sale price. When these batches of petitions come up for hearing, the Bench sought the counsels to complete their pleadings on Wednesday so that it could deliver the final order.
The counsel appearing for the Telangana government submitted that it would be difficult for them to complete their pleading in such a short span of time and urged the court to adjourn the matter till after the summer vacation and suspend operation of the single judge’s order till then.
He said if the single judge’s order remained in force, it would give scope for the company to get similar orders from other High Courts in the country. Though the counsel for Monsanto opposed the contention of the government counsel, the Bench granted the interim order by suspending the single judge’s order till June 14.
The Centre has mooted a proposal to fix an uniform price for BT cotton seeds across India. The state government recently received a communication from the Centre in this regard.
Biodiversity board seeks royalty from monsanto
The Andhra Pradesh Biodiversity Board, a statutory body set up by the Union government under the Biological Diversity Act, 2002, is seeking royalty payments from Monsanto India Ltd for genetic information it alleges was “stolen” from Bacillus Thuringiensis (BT) bacteria found in the soils of Mahanandi village in Kurnool district.
Monsanto has strongly denied the allegation claiming that there was absolutely no BT research Andhra Pradesh. When contacted, board chairman R. Hampaiah said BT bacteria found in the soil of Mahanandi in Kurnool district in AP had been used in developing the indigenous version of BT cotton capable of resisting Indian bollworm strains.

Hyderabad HC ruling allows Roja’s return to AP Assembly

2016-03-19T01:29:00.000+05:30

Hyderabad HC ruling allows Roja’s return to AP Assembly

DECCAN CHRONICLE. | S A ISHAQUI

Published Mar 18, 2016, 2:24 am IST

Updated Mar 18, 2016, 8:49 am IST

Order not an endorsement of petitioner’s conduct, says Judge

Judge said that the order would not preclude the House from taking any appropriate action pursuant to the pending privilege proceedings.

Hyderabad: The Hyderabad High Court on Thursday paved the way for YSR Congress MLA Ms R.K. Roja to attend the ongoing Budget Session of AP Legislative Assembly by granting an interim suspension of a motion moved by the House suspending the MLA from attending Sessions for a year.
The AP Assembly had unanimously passed a resolution to suspend Ms Roja from Nagari Assembly segment in AP on December 18, 2015, during the discussion on call money issue, on the ground of obstructing the proceedings of the House and also allegedly making derogatory remarks against Chief Minister N. Chandrababu Naidu.

Ms Roja had initially challenged her suspension before the High Court followed by the Supreme Court, which had reverted the matter back to the High Court.
Justice A. Ramalingeswara Rao, who concluded the hearing on Wed-nesday, granted an interim order in favour of the petitioner by observing that “since this court came to the prima facie conclusion that motion carried out was contrary to Rule 340 of the Rules of the House, this Court has to consider the balance of convenience in the instant case.”
The judge added, “The petitioner is an elected member of the Assembly and in the normal course she is entitled to participate in the proceedings. If the suspension is continued during the pendency of the petition, the right of participation would be affected and cannot be restored in the event of her success in the case. Hence, there shall be an interim suspension of the motion, pending disposal of the petition.”
While granting the interim order, the judge made it clear that the order was not an endorsement of the conduct of the petitioner on December 18, 2015 in the House or against the authority of the Speaker to take action against the erring member, but only a prima facie expression of the legality of the motion passed on the day.
He added that the order would not preclude the House from taking any appropriate action pursuant to the pending privilege proceedings.
While adjourning the case for four weeks, the judge noted that the issu-es with regard to the ap-plication of principles of natural justice in a case like this, whether the Ho-use possessed the power to suspend a member etc. had to be considered in detail in the petition.

HC sets aside resolution seeking suspension of Roja from AP Assembly

2016-03-18T01:15:00.000+05:30

HC sets aside resolution seeking suspension of Roja from AP Assembly

DECCAN CHRONICLE. | S A ISHAQUI

Published Mar 17, 2016, 11:54 am IST

Updated Mar 17, 2016, 11:54 am IST

The judge found that prima facie the House has no power to suspend a member.

YSRCP MLA R K Roja. (Photo: DC)

Hyderabad: The Hyderabad High Court on Thursday set aside the resolution passed by the Andhra Pradesh Legislative Assembly suspending YSRCP MLA R K Roja of Nagari Assembly segment for a period of one year.
While granting the interim order on petition by Ms Roja, Justice A Ramalingeswara Rao said that the suspended MLA at liberty to attend on going Assembly session of AP.
The judge found that prima facie the House has no power to suspend a member under Rule 340 of Assembly Rules for a period of one year, the Rule has given power to the House to move a motion against the member for suspension of member for that particular session.
The judge felt that balance of convenience is in favour of the petitioner and set aside the resolution and adjourned the hearing for four weeks.

Many sedition cases since Independence failed legal test

2016-03-09T01:13:00.000+05:30

Many sedition cases since Independence failed legal test

DECCAN CHRONICLE. | S A ISHAQUI

Published Mar 8, 2016, 1:57 am IST

Updated Mar 8, 2016, 1:57 pm IST

All sedition cases, except one, weren’t upheld; court feels criticising government doesn’t mean disloyalty.

Jawarharlal Nehru University Student Union president Kanhaiya Kumar addresses media at the university campus along with other student leaders in New Delhi after he was granted bail.

Hyderabad: Many sedition cases booked since Independence have failed to withstand judicial scrutiny, except in Kedar Nath v State of Bihar where the Supreme Court upheld the charge, with certain caveats in 1962.
In one of the earliest cases, the Punjab-Haryana High Court in Tara Singh Gopi Chand v the State on November 28, 1950, struck down Section 124A of the Indian Penal Code, which defines sedition, holding it to be unconstitutional as it was contrary to the freedom of speech and expression guaranteed under Article 19(1) (a).
Eight years later, in Ram Nandan v State of UP, the Allahabad HC held that Section 124A imposed restrictions on the freedom of speech which was not in the interest of the general public and declared it ultra vires.
Ram Nandan, who was fighting for the cause of farmers and agricultural labour in UP, was charged with sedition for an inflammatory speech on May 29, 1954, accusing the Congress rule of not being able to address extreme poverty in the state and exhorting cultivators to form an army and overthrow the government if needed.
Read: Sloganeering is not sedition
He accused the then PM Jawaharlal Nehru of being a traitor for dividing the country. These decisions were overruled in 1962 by the Supreme Court in Kedar Nath, stating that any law which is enacted in the interest of public order “may be saved from the voice of constitutional invalidity.”

Case studies since independence on sedition

Kedar Nath was a member of Forward Communists Party of Bihar and was charged with sedition for accusing the Congress government of corruption, and targeting Vinobha Bhave’s attempts to redistribute land, at a speech in Barauni in 1953. A five-judge bench of the SC headed by Chief Justice B.P. Sinha upheld Section 124A, stating that it is intra vires.
Justice Sinha, however, laid down certain caveats. He observed, “Comments, however strongly worded, expressing disapprobation of the actions of the government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal. In other words, disloyalty to the government established by law is not the same thing as commenting in strong terms upon the measures or acts of the government, or its agencies, so as to ameliorate the condition of the people...”
Read: No arrest so far in sedition cases in Telangana
In Balwant Singh and Another v State of Punjab in 1995, the SC held that the casual raising of slogans once or twice by two individuals alone cannot be aimed at exciting or attempting to excite hatred or disaffection towards the government as established by law in India. The duo had raised anti-India slogans on October 31, 1984, the day Indira Gandhi was assassinated.
In Indra Das v State of Assam as recently as 2011, the top court ruled that the provisions of Section 124A have to be “read in a manner so as to make them in conformity with the Fundamental Rights”.
The word sedition has not been defined in the Constitution. Section 124A which is part of Chapter VI of the Indian Penal Code, deals with “offences” against the State.
It defines sedition as “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring in hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
Sedition was not a part of the original Indian Penal Code enacted in 1860 by the British government. It was introduced in 1870 to quell the freedom struggle and retain imperial power.
After sedition was introduced as a crime, British courts in India convicted Bal Gangadhar Tilak, Annie Besant, and Mahatma Gandhi.
Gandhi after his prosecution in 1922 for sedition, said, “Section 124 A is perhaps the prince among the political sections of Indian Penal Code designed to suppress the liberty of a citizen.”