Hyderabad: Justice T. Vinod Kumar of the Telangana High Court on Wednesday declared that communications between GHMC and police would not amount to permission for the laying of road in an approved layout. Dealing with a writ petition filed by AWARE, which houses Global Hospital, the judge said that the impugned communication of the GHMC clarifying the existence in the approved layout is not to be construed as permission for the construction of the said road. He clarified further that it is not for the corporation to permit such construction. The petitioner is involved in litigation with A. Kishore Reddy. Civil cases and criminal complaints have been filed by both parties against each other. It is the specific case of the petitioner that the private respondent is in breach of the terms of an agreement of sale. The court took cognizance of a separate approach road and observed that the respondent could not breach the agreement. However, the remedy for such breach, the court said, lies before the appropriate authority. Justice Vinod Kumar also made it clear that the closure of the writ petition is based upon the clear stance of GHMC, and the court was not going into the violation of the law relating to the felling of the trees.
HC directs cleaning up of sewerage at fire temple
Justice T. Vinod Kumar of the Telangana High Court on Wednesday directed the civil authorities to forthwith take all steps to ensure proper sanitation at the fire temple in Tilak Road in the city. The judge was dealing with a writ plea filed by Kerfegar Bomansha Antia a priest at the Bai Manekbai Nusserwanji Chinoi, fire temple. R.S. Ahluwalia, counsel for the petitioner, pointed out that the Parsi community is unwittingly caught in the volley between GHMC and the sewerage board. It is the complaint of the petitioner that waste from the nearby dhaba was the source of pollution in the open sacred wells of the temple. The judge was critical of the communication from the zonal officer GHMC to the managing director of HMWSSB stating that the constructions by the dhaba owners were regularized. The judge wondered how the underground sewage pipes would be the subject of regularization by the GHMC. The lack of propriety and the casual manner in which the sacred temple of the Parsis was being dealt with did not find approval of the court. The judge made it clear that while the adjudication will look for a permanent solution, in the interregnum, sanitation conditions will be immediately attended to. In view of the urgency, the judge granted an action-taking report from the civil authorities and posted the matter to Friday.
Under-trial rights: HC orders interviews
Justice C. V. Bhaskar Reddy of the Telangana High Court pointed out that provisions of the Prisons Act allow visits to under-trial criminal prisoners at proper times and under proper restrictions. Dealing with a writ petition filed by G. Jabali, a practising advocate, the judge opened up the nuances of the interaction between an under-trial prisoner and his right to professional and legal advice in private. Jabali sought a direction to the superintendent of jails, Cherlapally, to permit the petitioner to have a direct personal interview with his clients and not through Jali Mulakath (glass and phone interaction). The grievance of the petitioner was that he was not allowed to meet his client in person and this was a violation of fundamental rights. “Furthermore, Rule 5O6 (1) of the Telangana State Prison Rules-manual mandates that un-convicted criminal prisoners and civil prisoners shall be granted all reasonable facilities at proper times and under proper restrictions for interviewing or otherwise communicating either orally or in writing with their relatives, friends and legal advisers and Rule 506(2) mandates that every interview, between an unconvicted prisoner and his legal adviser, shall take place within sight but out of hearing of a prison official and a similar concession shall be allowed by the Superintendent in the case of interviews with any near relative of the un-convicted prisoner”, the judge said. The judge directed the prison authorities to consider the petitioners' applications within the declared parameters and in accordance with Sections 40 and 41 of the Prisons Act and the governing rules.
District judges recruitment under challenge
A two-judge bench of the Telangana High Court on Wednesday heard inconclusive arguments on the legality of the ongoing selection of district judges in Telangana. The writ petitions have been filed by various aspiring advocates practicing in Andhra Pradesh and assistant public prosecutors from the said state seeking selection to the post of district judge at the entry level. The petitioners challenged a notification issued on April 12. It is the case of the petitioners that by the said notification advocates practicing in the High Court or courts under the supervision of the High Court as on the date of notification alone are eligible for consideration. They pointed out that the said notification is hampered by the fact that the rules governing the notification were made in May, although the notification was issued a month earlier. The petitioners contended that the rules of disqualification were made effective retrospectively and that it is impermissible under the law. It was also contended that the notification refers to rules that were not in operation on the date of the notification. The petitioners quoted hitherto judgments to further their plea that accrued rights cannot be taken away retrospectively.
