Legal Briefs | Telangana HC slams Centre decision to reject Ganesh remission

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court on Monday observed that the Centre’s decision rejecting the remission of P.V.B. Ganesh was without application of mind. Ganesh was associated with the Maoist party during the murder of Magunta Subbarama Reddy, then MP from Ongole. The judge was dealing with a petition challenging the rejection of remission of Ganesh by the Centre stating severity of offences committed and influence of same on pending trial against other accused. In an earlier round of litigation, a division bench granted the interim bail and directed the Centre to consider his case for remission based on his reformation. It is stated that Ganesh, after being convicted, was in Cherlapally Central Prison for about 28 years and obtained three graduation degrees. The judge ruled that such a reasoning by the Centre would enunciate non application of mind by the authorities. Deputy Solicitor General, Gadi Praveen Kumar opposed to granting any relief stating that the convict is involved in serious offences and further sought three weeks to file counter. The judge after perusing the records extended the interim bail granted by the division bench for three weeks and directed the Centre to file a counter affidavit within such time.

HC takes up plea to quash case against Lamakaan

Justice Juvvadi Sridevi of the Telangana High Court took on a plea filed seeking to quash a criminal case against the organisers of the ‘Cinephiles Organisation’ before the Additional Metropolitan Magistrate, Malkajgiri Court. The petitioners contended that the organisation screens thoughtful movies at places like Lamakaan to promote pro-people cinema movement on a global scale. It is the case of the petitioner that they were implicated in a criminal case in January 2024 while they were screening the award-winning documentary Ram Ke Naam (in the name of God). Counsel for the petitioner contended that police had registered a false case for screening a CBFC-certified documentary which won National Award and many international accolades. It was argued that the complaint and chargesheet are baseless and ambiguous without any material evidence. The judge, after hearing the counsel ordered notices to the de facto complainant and dispensed with the presence of the organisers before the Additional Metropolitan Magistrate, Malkajgiri Court. The court, however, said that their presence was not necessary before the trial court unless the trial court deems necessary. The case will now be heard on February 4.

HC takes up plea against state on fee sop

The Telangana High Court will hear a writ plea challenging the failure of the State Social Welfare Department and other authorities in not releasing tuition fees under the government’s Reimbursement of Tuition Fee scheme. Justice T. Vinod Kumar admitted a writ plea filed by Sreenidhi Institute of Science and Technology, Yamnapet, Ghatkesar, contending that the state is not releasing the tuition fee amounts owed to students belonging to SC/ST, EBC, BC, and minority communities for the academic years 2018–19 to 2024–25. The petitioner argued that this delay is arbitrary, illegal, and a violation of fundamental rights guaranteed under the Constitution. The petitioner further claimed that the state’s actions are in contravention of key government orders. Citing the GOs, the petitioner is seeking the immediate release of the outstanding tuition fee amounts along with interest at 18% per annum. The Government Pleader sought additional time to file a response. Accordingly, the judge posted the matter for further adjudication.

Notice to First Bank over account freeze

Justice Moushumi Bhattacharya of the Telangana High Court ordered notice to IDFC First Bank and others in a writ plea alleging illegal freezing of a bank account. The issue revolves around the complaint of an individual who lost funds while using the Telegram app. It is alleged that the funds were routed to the account of the petitioner. The judge is hearing a writ plea filed by Ishan Amit Mehta, a freelance consultant alleging that the respondent bank illegally froze his bank account and is holding a lien on excess of the disputed transaction amount. It is alleged that the same is being done without any prior information/intimation to the petitioner and is highhanded and unconstitutional. The petitioner would also allege that the state police authorities are issuing notices for personal appearance of the petitioner and repeatedly asking him to physically appear. After hearing the counsel for the petitioner, the judge ordered notice and posted the matter for further adjudication.