Legal Briefs | Telangana HC Orders NBW Against Gym Coach Accused of Rape

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court directed the commissioner of police to ensure issuance of NBW against gym coach Mohammed Asim Ali Khan. The judge was dealing with a writ plea filed by an alleged rape victim seeking a direction to the police for arresting the respondent and producing him before the concerned court. It is alleged that the accused allegedly cheated the petitioner by promising marriage and exploited her sexually. It is also alleged that the accused concealed the fact that he was married had a child. The petitioner pointed out that though the whereabouts of the respondent was made available the police were not arresting him, which was a failure of the rule of law. The judge accordingly directed the petitioner to send a copy of the additional details of the whereabouts of the missing accused and directed the police to verify the same and issue the NBW.

HC grants anticipatory bail to rape accused

Justice Juvvadi Sridevi of the Telangana High Court granted anticipatory bail to a businessman allegedly accused of rape and cheating. The judge was dealing with an anticipatory bail petition filed by Yemjaal Srikanth, who allegedly promised the de facto complainant that he would take care of her and her children if she divorced her husband. The case of the prosecution is that the petitioner tied mangalsutra to the de facto complainant and forcibly participated in sexual intercourse with her. He also promised to cover her divorce expenses but was later reneging. The petitioner stated that the complainant was not pregnant with him, thus, he was not obligated to marry her and was prepared to marry another woman. The petitioner also contended that he and the complainant were childhood family friends and the relationship between them was consensual, thus the offence of rape was untrue. After hearing the petitioner, and the additional public prosecutor, the judge observed that the relationship between the petitioner and the de facto complainant appeared to be consensual as they are childhood family friends. The judge also observed that since the de facto complainant is aged 40 years, she is matured enough to take her own decisions. Accordingly, the judge granted conditional anticipatory bail to the petitioner observing that he alone cannot be made liable for the consensual acts, which is a subject matter of trial.

Engg aspirant challenges Vignan varsity’s admission criteria

The Telangana High Court will hear a writ plea seeking a direction for relaxation of five percentage qualifying marks for admission in engineering colleges. Justice C.V. Bhasker Reddy was dealing with a writ plea filed by a student Mandori Sidhardha, who challenged the actions of Vignan University (deemed to be university) and Vignan’s Foundation for Science in not considering the relaxation of five per cent qualifying marks for Scheduled Caste (SC) and Scheduled Tribe (ST) students seeking admission for undergraduate course in engineering colleges. Upon hearing the petitioner, the judge questioned the legality of raising such a demand and directed the petitioner's counsel to provide any law or regulation that mandates such a relaxation. The judge remarked, "If you have the right, then you can demand that it get implemented."

The counsel for the respondent authorities brought to the notice of the judge that such a relaxation was in place during the pandemic; however, the policy was no longer applicable. Upon hearing both counsels, the judge granted one week’s time to the petitioner to submit supporting documents in respect of her claim and posted the matter for further hearing.

HC to examine legality of ED searches 

The Telangana High Court will examine the legality of the searches conducted by the Directorate of Enforcement at the residential premises of a company director. Justice C.V. Bhaskar Reddy was hearing a writ plea filed by Vihaan Direct Selling India Private Limited seeking to quash the enforcement case information report (ECIR) and declaration of the searches conducted at the residential premises of the petitioner’s director in connection with ECIR under the Prevention of Money Laundering Act 2002. The petitioner alleged that the actions of the respondent authorities were illegal and in violation of the Constitution. The petitioner also sought quashing of the order issued by the respondent for freezing four bank accounts of the petitioner company. The judge extended an earlier interim order directing the respondent authorities not to take any coercive steps against the petitioner and posted the matter for further adjudication.

HC calls for govt response is converting Kothagudem park

A two-judge bench of the Telangana High Court granted time to the revenue and other authorities to submit its response to conversion of an earmarked place for a park for the construction of a water tank in Kothagudem. The panel of Chief Justice Alok Aradhe and Justice Sreenivas Rao was dealing with a public interest litigation (PIL) filed by R. Narsaiah, former employee of Singareni Collieries (SCCL), who complained that such conversion of lung space into a constructed area, even if for a water tank, was impermissible under the law. It was in violation of not only the right to life but also Article 48 of the Constitution, which provides for ensuring green space. Chikkudu Prabhakar, counsel appearing for the petitioner, also pointed out that it violated Article 51A of the Constitution.

Typists posts: HC directs reconsideration

A two-judge panel of the Telangana High Court, comprising Justice Abhinand Kumar Shavili and Justice Laxmi Narayana Alishetty, directed the state authorities to reconsider the candidature of persons for the post of typists based an employment notification issued in 2018. The panel was dealing with a writ plea filed by Surender Ch. and 11 others, challenging the order of the single judge who had earlier dismissed their writ petitions. Earlier a single judge had all but dismissed the writ petition except requiring the government to re-examine the case of two candidates. The single judge dealt with writ pleas challenging the actions of the Telangana State Public Service Commission in issuing selection notification provisionally selecting candidates for appointment to the post of typists in group IV category.

The petitioner had challenged non-consideration of their candidatures on the basis of their merit in the common written examination. The single judge, after considering the contentions of the petitioners and the respondent authorities, observed that the qualification mentioned the order of preference and that PSC followed the order in accordance with rules. In view of the same, the judge dismissed the writ pleas and directed the authorities to look into the matter and if the contentions of the petitioners in respect of the two candidates were found to be correct, then the commission was directed to issue notice to the concerned parties and take action accordingly. The panel earlier in the day sought information on the number of vacancies. When informed that there were 24 vacancies, the panel directed the authorities to reconsider the case of those coming within the zone of consideration and capped time for such action to eight weeks.