Hyderabad:The Telangana High Court on Tuesday deferred a writ plea challenging the unilateral talaq by husband. Justice Surepalli Nanda extended the suspension order against a divorce certificate obtained by a Muslim through the pronouncement of unilateral instantaneous talaq. The judge was hearing a writ plea filed by Mubeena Fatima who alleged that her husband unilaterally pronounced talaq while she was touring in the USA. The petitioner further alleged that her husband, after pronouncing talaq, went ahead and obtained a divorce certificate in 2018 from the government qazi which was also approved by the chairman of the Telangana Waqf Board. The petitioner argued that the unilateral divorce given by her husband was not binding upon her in view of the apex court judgment in the Shayara Bano vs. Union of India case. The judge, after hearing the petitioner on an earlier occasion, suspended the operation of the divorce certificate pending disposal of the writ plea. With the matter pending, the judge extended the suspension order and posted the matter for further adjudication.
Freezing of bank accounts challenged
Justice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea filed by HYC Youth Courage, an NGO, challenging the freezing of its bank accounts. The petitioner complained that the state and the HDFC Bank froze the petitioner’s bank account on a complaint lodged by P. Sai Kishore. The counsel for the respondents contended that the petitioners allegedly started a donation drive to support Palestinian victims in the Israeli-Palestinian conflict. The counsel pointed out that the petitioner allegedly provided personal account details for receiving funds under the garb of providing relief and received large donations. Against the alleged illegal actions of the petitioners, Kishore made a complaint pursuant to which the petitioners bank accounts were frozen. The counsel for the petitioner challenged the freezing of its bank account by stating that the donations received to their bank account were legitimate and for a good cause. The petitioner also complained that the actions of the respondents in freezing the bank account was illegal and in violation of principles of natural justice. The judge after hearing the petitioner directed the counsel for the respondents to get instructions from the respondent authorities and posted the matter to August 23.
PCB directed to show records of NCL permits
A two-judge panel of the Telangana High directed the Telangana State Pollution Control Board to produce the records with regards to NCL Industries Limited permissions allegedly granted contrary to government orders. The panel comprises Chief Justice Alok Aradhe and Justice K. Srenivas Rao is dealing with a PIL filed by Sevabha Yuvajanam Sangam challenging the action of Pollution Control Board in not taking action for closure of the unit of NCL Industries Limited. The petitioner would allege that permission was granted contrary to a government order issued by the Environment Forests Science and Technology Department wherein the government banned the establishment/expansion of polluting industries in Medak, Ranga Reddy, Mahbubnagar and Nalgonda Districts under Air and Water (Prevention and Control of Pollution) Act. The petitioner would allege that NCL Industries have not complied with the conditions imposed by the PCB. The panel accordingly directed the counsel for TS-PCB to produce the record so as to prove that NCL Industries Limited complied with the conditions imposed by the Pollution Control Board. The matter will not be heard after two weeks.
Relocation of school challenged
Justice N.V. Shravan Kumar of the Telangana High Court took on file a writ plea challenging the proceedings of district educational officer of Maddur Mandal, Narayanpet, directing relocation of a school. The judge is dealing with a writ plea filed by Chanakya School. It is the case of the petitioner that the DEO issued a proceeding directing relocation of school or face withdrawal of permission accorded to the school without any notice. The educational authorities would contend that in an earlier writ petition filed by alleged private owners of the premises, the court directed the school not to conduct their services on the said premises. In lieu of the said order, the DEO issued the proceedings directing the school to shift its premises to another place. Challenging this proceeding of DEO, the petitioner school contended that the school is being run at a different premise other than the premises of the private owners of the land. The judge after hearing both sides, ordered the education authorities to inquire into the said matter and posted the matter later this week for instructions.
Interim stay on proceedings against SI
Justice Pulla Karthik of Telangana High Court ordered an interim stay of departmental proceedings against the sub-inspector at the Central Crime Station, Malkajgiri Rachakonda Commissionerate. The judge is dealing with a writ plea filed by G Narasimhulu who would allege that the Commissioner of Police, Rachakonda Commissionerate in a high-handed manner initiated departmental proceedings against the petitioner despite pendency of criminal proceedings in respect of the same charge. The petitioner alleged that the respondent authorities disregarded several representations of the petitioner and proceeded towards initiating departmental proceedings in contravention of the law laid down by the Apex court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd and another. After hearing the petitioner and considering the position of law laid down by the apex court, the judge ordered an interim stay of departmental proceedings against the petitioner till the conclusion of the criminal proceedings. The judge further directed the respondent authorities to file their response.
