Telangana HC summons Hyderabad city police commissioner for highhanded' action

Hyderabad: A two-judge bench of the Telangana High Court on Friday summoned the Hyderabad police commissioner in connection with an arrest that seemed to throw more questions than answers.

Amudhala Bindu Sri, filed a habeas corpus petition seeking that they produce her husband Ganesh Rajesh, who, she alleged, was illegally detained in Gopalapuram police station.

In the course of the hearing, it was stated that earlier in October, when police had illegally detained the petitioner’s husband, a habeas corpus plea was filed and the petitioner sought CCTV footage of the police station, and accordingly it was directed to produce the footage.

The SHO of Gopalapuram PS filed an affidavit stating that they did not have the footage as the cameras were not functioning in that week. Later the bench had directed the commissioner of police to file an affidavit explaining such failure to maintain CCTV despite directions of the apex court.

The petitioner stated that her husband was remanded to judicial custody in an alleged murder case, and was released on bail on December 22, after which police officials again started to harass him. She contended that on January 3, officials from the task force dragged him and detained him illegally, for which a lunch motion was moved before the court on January 4 and was adjourned for the addl. government pleader to get instructions.

It has now been brought to the notice of the court that the task force received a complaint, after which officers went to inspect the premises, where the petitioner’s husband assaulted the officials for which SI of Taskforce lodged a complaint, and thereafter a case was lodged and he was remanded.

Counsel for the petitioner C.V. Srinath argued that such action is not only arbitrary but also unconstitutional and violates fundamental rights guaranteed under the constitution. In view of the seeming high-handed action of police in targeting the detenu, the bench, comprising Justice K. Lakshman and P. Sree Sudha, asked the police commissioner to be present in court on January 11.  

Contempt notice to labour commissioner and others

A two-judge bench of the Telangana High Court issued notices to the chief secretary, special chief secretary, commissioner of labour, and secretary, printing press in a contempt case.

The bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was dealing with a contempt case filed by Telangana Regional Trade Union Council complaining of willful disobedience of the orders of the special division bench. The petitioner alleged that the top officials had willfully violated the orders of the court, which directed the state government to revise minimum wages and publish the same in a Gazette within six weeks.

The PIL pertains to non-payment of revised minimum rates of wages as per the Minimum Wages Act, 1948 in respect of 73 scheduled employments. It was contended by the petitioner that though the state government has issued five GOs prescribing revised minimum wages, the same were not published.

This is affecting around 47 lakh unorganised labour, who are working in the Schedule employments across the state. It was stated by the respondent in the PIL that the state government will publish the GOs in the Gazette.

Considering the said stance in the PIL, the bench had directed the government to take action to revise the minimum wages and to publish the same in a Gazette within six weeks and made it clear that such revision of wages has to be in accordance with the provisions of Minimum Wages Act, 1948. 

Though the stated period had elapsed, counsel Chikudu Prabhaker pointed out that the revision and publication has not been effected. After considering the submissions of the petitioner in the contempt case, the bench issued notices to the alleged contemnors.

Dalit families seek to implead in PIL against torture

 

A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J, Anil Kumar, granted time to the state Government to file its counter in an implead petition filed in a PIL relating to police torture in Nerella village, Karimnagar district.

The PIL alleges that eight dalits were subjected to heinous and brutal torture in the hands of the police. In a public interest litigation filed by Gaddam Laxman challenging the police excesses, contended that there was a gross violation of their rights and also sought shifting them to NIMS for further medical examination.

The court granted three weeks’ time to the government to file its counter. The matter has been adjourned to January 25 for further hearing.

HC quizzes GHMC on regularisation charges

Justice T. Vinod Kumar of the Telangana High Court came down heavily against the procedure of regularising illegal constructions within the municipal limits. The judge was dealing with a writ petition filed by Tera Chinnappa Reddy questioning the action of municipal authorities in issuing a demand notice for the amount of '6,13,92,158, by imposing arbitrary vacant land tax and compounding fee of 33 % along with road impact and environment impact fees apart from all other applicable taxes for grant of building permission and imposing interest on the demanded amount as illegal and arbitrary.

The judge after perusing the records said that if construction is carried out in the absence of valid permission, the same cannot now be regularized. The judge directed the standing counsel appearing for GHMC to seek written instructions as to how and by which provision the civic body is empowered to regularize the illegal construction.