Telangana Legal Briefs | HC quashes criminal case against 3 judicial officers

Hyderabad: The Telangana High Court has quashed a criminal case against three trainee judicial officers registered at the behest of another trainee officer, stating it as malicious and a counter blast.

A bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao was dealing with a plea filed by Asifa Sulthana and two others. The petitioner contended that they were selected as junior civil judges on October 1, 2013, and they were sent for training in the Judicial Academy at Secunderabad and Bengaluru. Along with others, they underwent training in the Judicial Academy from August to October, 2015.

According to the petitioners, when they were undergoing training at Karnataka Judicial Academy in Bengaluru, Malhota Bujjil, then junior civil judge, misbehaved with them due to certain incidents in the room, where the petitioners and Malhota Bujjil were staying.

It was brought to the notice of the court that, when the petitioners were out for dinner, Malhota Bujjil was sharing the room with Kalyan Chakravarthy, a male trainee officer. He entered the flat allotted to the female officers at midnight.

They contended that immediately, the petitioners have informed the same to the assistant director and administrative officer of the Andhra Pradesh Judicial Academy and submitted a written report to the director, Judicial Academy narrating the entire incident that happened in the intervening night of September 30 and October 1, 2015.

The complaint was forwarded to the erstwhile Hyderabad High Court. On October 10, 2015, the petitioners came to know that Malhota Bujjil lodged a complaint against them before Station House Officer, Marredpally Police Station. Based on the said complaint, an FIR was registered under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Counsel for the petitioners N. Naveen Kumar argued that the complaint was lodged with malafide intention to cover up her mistake, and with bald allegations against the petitioners as a counter blast, though they have not abused the complainant in the name of her caste and the ingredients of Section 3(1) (x) of the Act does not attract.

The bench speaking through the Chief Justice Alok Aradhe said, the complainant has lodged a complaint against the petitioners subsequent to the report submitted by the Director, Andhra Pradesh Judicial Academy, Secunderabad, to the Registrar (Vigilance) basing upon the information/complaint of the petitioners and after conducting enquiry against Malhota Bujjil and S. Kalyan Chakravarthy.

Quashing the FIR, the bench said, “It clearly shows that Malhota Bujjil lodged a complaint against the petitioners maliciously as a counter blast and the same is a clear abuse of process of law.”

Give back donated land, HC to state

Justice K. Sarath of the Telangana High Court directed the state government to restore about four acres of land to the original owners, which was meant for the construction of a Mini Sports Stadium in Mothkur village of Khammam district.

The judge allowed a writ plea filed by Aginati Ravi Kumar and Ravuri Bixamaiah, both agriculturists of Khammam. The land in question was donated by the petitioner for construction of Mini Sports Stadium. However, the land was not used for the said purpose.

At the request of local MLA and the elders, the petitioners donated six acres of their land for the purpose of construction of the Mini Sports Stadium. In spite of the lapse of 19 years from the date of donation of the land, the stadium was not constructed on the land.

However, Kasturba School building was constructed with the funds under Rajiv Vidya Mission on the two acres of the donated land without consent of the petitioners.

According to the petitioner, even though the school was constructed over an extent of two acres, the rest of four acres were kept vacant and therefore the petitioners requested the court to restore it to them.

When the respondent did not act favourably, the present writ petition was filed. It is the case of the government that once the petitioners have relinquished their rights on land for the public purpose, they have no right to seek the reconvey of the donated land.

In the instant case also, the respondents have utilised two acres of gifted land for another purpose. In the impugned memo, it was stated that the land will be utilised for other public purposes and the same is arbitrary and illegal, the judge said.

Accordingly, the judge said that the respondents have to restore four acres of the remaining vacant land to the petitioners.

Look into pension requests of 1969 TG agitators: HC

Justice Moushumi Bhattacharya of the Telangana High Court disposed of a writ plea filed by statehood agitators of 1969, who sought pension and other benefits for their role in the historic agitation.

The judge was dealing with a writ plea filed by Manda Ilaih and 14 others who alleged inaction by the state authorities and argued that the denial of such benefits was arbitrary, illegal, and violative of the Constitution.

The writ plea sought to formulate a scheme to extend pension and related benefits to the agitators. The petitioners contended that their imprisonment and sacrifices during the statehood agitation had gone unrecognised, with no benefits granted despite their repeated appeals.

The respondents, however, contested the maintainability of the petition, stating that the petitioners had neither submitted relevant documents nor approached the concerned authorities, such as the Chief Secretary of Telangana, for their demands.

The principal secretary (finance) also argued that policy matters, such as framing schemes for pensions, fall outside the purview of the writ jurisdiction.

The judge clarified that the respondents must address the procedural rules raised by the petitioners instead of delving into the merits of the case at this stage.

The judge further observed that policy formulation lies within the exclusive domain of the state government, and invoking the writ jurisdiction cannot compel authorities to frame schemes.

The judge directed the petitioners to approach the Chief Secretary and directed the state authorities to consider and dispose of the representation within three months.

HC takes up plea against interference

Justice B. Vijaysen Reddy of Telangana High Court took on file a writ plea alleging interference by unofficial respondents from discharging his day to day duties at Masjid-e-Hassa, Baba Nagar, Hyderabad.

The judge was dealing with a petition filed by Habeeb Ahmed Hasham Jamalullail, who contended that he has been performing the duties of Imam for 27 years.

The petitioner alleged that the Telangana State Wakf Board was sending several individuals to obstruct the petitioner from discharging his duties as Imam.

The petitioner also alleged that false cases are being foisted against him and he is being obstructed from performing his duties.

It is the case of the petitioner that the actions of the respondents are illegal, arbitrary and in violation of principles of natural justice. After hearing the counsel for the petitioner, the judge directed the respondents not to interfere or cause obstruction to the petitioner in discharging his duties without following due process of law. The judge also directed the Government Pleader to get instructions.