Hyderabad: Justice B. Vijayasen Reddy of the Telangana High Court after a detailed hearing required medical supervision over termination of the pregnancy of a 12-year-old girl. The mother of the child, who is a domestic help, moved the court when the bureaucracy road-blocked the route to MTP. The child is a victim of repeated gang-rape. Her single parent-mother came to know of it when the child was 25 weeks pregnant and said that the authorities were least bothered about the physical and mental well-being of the minor. The petitioner sought, successfully, constitution of a medical board, comprising gynaecologists and radiologists, to examine the child and arrange for the termination of the pregnancy in accordance with the MTP Act. The counsel for the petitioner relied on the verdict of the apex court in this regard, which held that termination of pregnancy can be preceded subject to the consent of the victim. The child was taken to a private hospital last month where her pregnancy was detected and a zero FIR under the POCSO Act was registered with the Kacheguda PS and subsequently transferred.
Election of Ramdas Maloth challenged
Justice Surepalli Nanda of the Telangana High Court ordered notice to Ramdas Maloth, present MLA of Wyra Assembly constituency. The judge was hearing an election petition filed by the unsuccessful candidate Banothv Madanlal from Khammam district. The petitioner alleged that the present MLA of Wyra had concealed material information at the time of filing his nomination papers. The petitioner further alleged that the respondent furnished false information in the Form 26 affidavit. The petitioner complained that Maloth had flouted Rule 4A of the Conduct of Election Rules, prescribing the authenticity of Form 26, which is to be sworn before and signed by the oath commissioner or magistrate of the first class or before a notary public. The petitioner is seeking setting aside of the respondent's election. After hearing the petitioner, the judge ordered notice to the respondent and other authorities.
HC modifies order on AWARE writ
A two-judge panel of the Telangana High Court disposed of a writ appeal qua alleged illegal constructions on plots sold by Action for Welfare and Awakening in Rural Environment [AWARE] at Sowbagyapuram, Karmanghat village. The panel, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, was dealing with a writ appeal filed by Aella Kishore Reddy. Earlier a writ petition was filed by AWARE challenging the action of GHMC in sanctioning permissions for construction of a residential building consisting of one stilt floor plus five upper floors each. It is the case of AWARE that the respondent, while applying for building permission, had suppressed material facts regarding the pendency of civil disputes between the petitioner and the appellant. The single judge while dealing with the AWARE writ petition said, “a reading of the provisions of Section 450 of the Greater Hyderabad Municipal Corporation Act, indicates that the commissioner is vested with the power to cancel the permission granted, if the said authority is satisfied that the same was granted in consequence of any (i) material misrepresentation or (ii) fraudulent statement contained in the notice given…” the judge, while allowing the writ petition observed that the action of appellant in obtaining building permission by approaching the respondent authority is in contravention of the order of status quo granted by the court, and upheld initiation of action under Section 450 of the Act, 1955. It is argued by the appellant in the present appeal that the observations made by the single judge prejudiced the case of the appellants. It was further contended that the present dispute between the parties was with regard to only alleged payment of balance sale consideration payable and the single judge ought not to have directed the authorities to initiate proceedings under the GHMC Act. The panel without expressing any opinion on merits directed the authorities to dispose the representation of the petitioner without being influenced by the observations of the single judge. The panel further clarified that authorities must issue notice to all the parties concerned, afford opportunity of a personal hearing and thereafter pass reasonable orders.
HC orders notice in contempt against director general of SPF
Justice T. Madhavi Devi of the Telangana High Court ordered a contempt notice against Anil Kumar, director general of Special Protection Force (SPF), Secunderabad. The judge was dealing with a contempt case filed by Modala Upendraiah, who had earlier filed a writ petition challenging the actions of the police officials in rejecting his request to attend the induction training program despite showing sufficient medical reasons warranting his absence. The judge directed the respondent to reconsider the request of the petitioner on medical and sympathetic grounds and pass appropriate orders thereafter, for sending the petitioner to the induction training program. The petitioner in the present contempt petition stated that the respondent authority wantonly failed to comply with the order passed by the judge and is liable to be punished. The judge accordingly ordered notice to the alleged contemnor.
Contempt filed against TSLPRB chief
Justice Pulla Karthik of Telangana High Court ordered notice to the chairman of Telangana State Level Police Recruitment Board (TSLPRB) in a contempt case. The judge was hearing a contempt case filed by Sulluru Harsha Vardhan, an advocate, who alleged that the respondent authority had willfully violated court orders. Earlier the judge had directed the respondent authorities to consider the representation of the petitioner for the post of assistant public prosecutor (APP). The judge after hearing the petitioner ordered notice to the respondents and posted the matter for further adjudication.
