Tag: HCs

Telangana HC’s conditional nod to YSRTP for hunger strike

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Hyderabad: The Telangana High Court on Friday granted conditional permission to the YSR Telangana Party (YSRTP) for a day-long hunger strike at Indira Park in Hyderabad on the problems faced by the unemployed.
The hunger strike was scheduled on April 17 under the umbrella of ‘Telangana Students’ Action for Vacancies and Employment’ (T-SAVE), a platform mooted by YSRTP President Y.S. Sharmila but the police had denied permission for the same.
Sharmila had filed a petition in the High Court, seeking direction from the police to allow the protest. The High Court, however, directed that not more than 500 people should participate in the hunger strike.

The organisers were also directed to approach the police 48 hours before their hunger strike.
Sharmila is likely to announce a new date for protest in a day or two.
After the police denied the permission, the YSRTP had lashed out at Chief Minister K. Chandrasekhar Rao for it calls his atrocious reign and dictatorial treatment of those who raised voice against his failures and fake promises.
Blasting the state government for forcing Hyderabad police to refuse permission to T-SAVE hunger strike, YSRTP official spokesperson Gattu Ramachandra Rao said that it is shameful in a democratic setup to not let activists enter their own party office.
The Political Affairs Committee had alleged that Sharmila is repeatedly being targeted because KCR is now scared of her fight and commitment towards Telangana. “We have been tirelessly fighting for the cause and the rights of the unemployed. Not only is the state government silent and arrogant, they are also depriving us of our right to fight and protest,” he said.

“T-SAVE was proposed as a common platform and we had decided to conduct a hunger strike for a day near Indira Park. This plea was rejected by the city police. Is this fair on the part of the party that claims its emergence and existence to public movements and people’s protests? Didn’t KCR conduct numerous protests at Indira Park earlier? How can the rules be different for BRS and others?” added Ramachandra Rao.
He claimed that the proposed hunger strike had the support of 39 social organisations and various political parties.
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#Telangana #HCs #conditional #nod #YSRTP #hunger #strike
( With inputs from www.siasat.com )

April 21, 2023
Post Gujarat HC’s ruling, AAP begins ‘show your degree’ campaign

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The Aam Aadmi Party (AAP) has begun a ‘show your degree’ campaign and urged BJP politicians to do the same.
Delhi education minister Atishi, began the campaign a week after the Gujarat High Court fined Delhi chief minister Arvind Kejriwal Rs 25,000 for requesting details of Prime Minister Narendra Modi’s degrees when the information was already available.
“We’re launching a campaign today. Every day, your leaders will demonstrate their degree to you. I have a BA from Delhi University as well as two Master’s degrees from Oxford. They’re all original,” Atishi told reporters in Delhi on Sunday.

“I want to ask all leaders, especially BJP leaders, to show their degrees,” she added, adding that AAP representatives will do so as part of the campaign.
AAP ने शुरू किया ‘डिग्री दिखाओ कैम्पेन’
AAP नेता और मंत्री ⁦@AtishiAAP⁩ ने PC में अपनी 3 डिग्री सार्वजनिक की
आतिशी ने कहाः मैंने DU से BA और ऑक्सफ़ोर्ड यूनिवर्सिटी से 2 मास्टर डिग्री ली है. AAP नेता हर दिन अपनी डिग्री सार्वजनिक करेंगे, BJP के वरिष्ठ नेता भी डिग्री दिखाएं pic.twitter.com/lHrKAaUEwi
— निरंजन मिश्रा (@Niranjan_journo) April 9, 2023
The latest high court judgement heightened the debate surrounding the AAP’s aggressive campaign emphasising details on PM Modi’s degrees. The party has put up posters in numerous cities criticising Prime Minister Modi.
In response to Mr Kejriwal’s Right to Information (RTI) request in 2016, the then-Central Information Commission M Sridhar Acharyulu directed the Prime Minister’s Office, Gujarat University, and Delhi University to provide information on PM Modi’s graduation and postgraduate degrees.
The Gujarat University swiftly posted PM Modi’s degree on its website, but it also disputed the Information Commission’s ruling on principle.
The ruling BJP distributed copies of PM Modi’s degrees, which it said were a BA from Delhi University and an MA in Political Science from Gujarat University. Kejriwal claimed the materials included ‘glaring discrepancies.’

Tushar Mehta, the government’s lawyer before the Gujarat High Court, argued that the two institutions should not be forced to reveal the information. “In a democracy, it makes no difference whether the individual holding the post has a degree or is illiterate. Furthermore, there is no public interest in this matter. “Even his privacy is jeopardized,” the senior government lawyer stated, stressing that PM Modi’s degrees had no influence on his work.
Kejriwal’s counsel said that educational criteria were included on election candidature papers and that the question was legal. “We are requesting a degree certificate, not his mark sheet,” said AAP lawyer Percy Kavina at the Gujarat High Court.

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#Post #Gujarat #HCs #ruling #AAP #begins #show #degree #campaign
( With inputs from www.siasat.com )

April 9, 2023
Gujarat HC’s order on PM Modi’s degree raises more suspicion: Kejriwal

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New Delhi: People, who have the right to know about the academic qualification of Prime Minister Narendra Modi, are “stunned” by the Gujarat High Court’s verdict, Delhi Chief Minister Arvind Kejriwal said on Saturday.
The Gujarat High Court on Friday quashed a seven-year-old order of the Central Information Commission (CIC) which had asked the Gujarat University to provide information on Modi’s degree to Kejriwal.
Allowing the Gujarat University’s appeal against the CIC order, Justice Biren Vaishnav also imposed a fine of Rs 25,000 on Kejriwal and asked him to deposit the amount within four weeks to the Gujarat State Legal Services Authority (GSLSA).
“Entire country is stunned by the High Court’s order because there should be a freedom of seeking information and asking questions in a democracy,” Kejriwal said at a press conference here.
“The High court’s order has increased the suspicion over the prime minister’s education,” he charged.
If the prime minister had studied from Gujarat University or Delhi University, they should have been celebrating it, instead they are hiding the information, the Delhi chief minister said.
“If there is a valid degree of Modi, why Gujarat University is not showing it,” he asked.
There can only be two reasons why Gujarat university is not ready to give information on the prime minister’s academic qualification it’s either due to Modi’s arrogance, or, his degree is fake, Kejriwal said.

He, however, went on to add that being illiterate is not “a crime or sin” as there is so much poverty in the country. “Many of us are not in a position to get formal education due to financial conditions in the families.”
Such rank poverty continues to afflict the nation even after 75 years of independence, he added.
Kejriwal pressed on with his question on Modi’s education, saying the question becomes imperative since being the “top manager” of the country, Modi has to take so many important decisions every day, including those pertaining to science and economy.
“If the prime minister is not educated then the officers and various types of people will come and get his signature anywhere, get passed from him anything, like the note ban (demonetisation) due to which the country had to suffer a lot,” he charged.
“If the prime minister modi was educated he would not have implemented the note ban,” the CM added.
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#Gujarat #HCs #order #Modis #degree #raises #suspicion #Kejriwal
( With inputs from www.siasat.com )

April 1, 2023
SC refuses to stay AP HC’s order on Amaravati; setback for YS Jagan’s govt

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In a blow for the YSRCP-led state government in Andhra Pradesh, the Supreme Court has refused to grant the state’s motion to postpone a March last year high court ruling ordering the YSRCP government to construct Amaravati as the state’s capital within six months.
The court will consider the plea, along with other petitions related to the subject on July 11, Justices KM Joseph and BV Nagaratna said.
In the state assembly, chief minister Jagan Mohan Reddy declared that he will relocate to Visakhapatnam and work from the coastal city beginning in July.
Justice Joseph will retire on June 16, and the case will be heard by a new bench in July.
After the erstwhile Andhra Pradesh’s bifurcation into Telangana and a new Andhra Pradesh (Seemandhra) in 2014, both were supposed to share Hyderabad as their capital for ten years.
But, then AP chief minister Chandrababu Naidu declared plans to establish a world-class greenfield capital in Amaravati and all the state bureaucracy was moved from Hyderabad to under plan Amaravati. Prime Minister Narendra Modi attended the seminal event.
Hundreds of acres of land were purchased, and large plans were put up for the construction of the new capital, despite the fact that funding proved to be a major obstacle.
Later, in May 2019, when YSRCP won the Assembly elections and YS Jagan Mohan Reddy became the chief minister, he alleged that the Naidu-led previous government committed a massive land purchase fraud, abandoned plans for a new capital in Amaravati, and abolished the AP Capital Area Development Authority (AP-CRDA).

Jagan announced decentralisation in new legislation, saying the state will have three capitals: a judicial capital in Kurnool, a legislative capital in Amaravati, and an executive capital in Vizag.
But this resulted in legal complications. In November, the government withdrew its decentralisation bill and cancelled the AP-CRDA.
In March 2022, the Andhra Pradesh High Court ruled in favour of Amaravati farmers, ordering that the capital be erected at Amaravati according to the master plan outlined in the Capital Area Development Authority Act within six months. The state government filed a petition with the Supreme Court.
This was in reaction to various applications filed by farmers challenging the repeal of the CRDA Act, which had been approved by the Telugu Desam Party (TDP)’s administration in order to create a magnificent capital at Amaravati, for which they had provided the land.
A high court division bench led by Chief Justice Prashant Kumar Mishra issued its final decision on a slew of petitions contesting the Decentralisation Act and the repeal of the Andhra Pradesh CRDA Act.
The state administration then repealed the AP Decentralisation Act and the CRDA Repeal Act in November.
The case was resumed by the high court when several petitioners stated that there were additional unsolved concerns related to the CRDA legislation, such as the transfer of developer plots to land owners who had handed away their farm lands, development or basic infrastructure, and land mortgaging in banks.
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#refuses #stay #HCs #order #Amaravati #setback #Jagans #govt
( With inputs from www.siasat.com )

March 28, 2023
Over 120 pleas against Waqf Act pending before HCs: Centre to Delhi HC

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New Delhi: The Delhi High Court was informed by the Centre on Wednesday that there are at least 120 petitions challenging the Waqf Act, 1995’s provisions pending in various high courts across the country.
Central Government Standing Counsel (CGSC) Kirtiman Singh moved an application seeking more time to file a response to the petitions against the Waqf Act.
The government counsel was asked by a bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta to initiate action and seek instructions for the consolidation and transfer of all cases to the Supreme Court.
One of the petitions is by BJP leader Ashwini Upadhyay.
The government claimed in its application that it must adopt a careful and uniform stance because there are numerous cases pending nationwide that challenge one or more Waqf Act provisions.
“Keeping in view the multiple petitions challenging various sections of the Waqf Act, 1995, it is essential for the Respondents/Applicants (Central government) to ensure that a clear and consistent view is taken. This involves thorough examination of petitions, consultation/vetting by the government counsels and discussions with other stakeholders, such as state governments,” the government submitted.
The court listed the case for the next hearing on July 26.
In his plea, Upadhyay contended that while the Waqf Act was created for the management of waqf properties, there are no comparable rules for followers of Christianity, Buddhism, Hinduism, Jainism, Sikhism, Judaism, Zoroastrianism and Bahaism.

Hence, it is “against the secularism, unity and integrity of the nation,” the plea contended.
It stated that the Waqf Board has Muslim MLA, MP, IAS Officer, town planner, advocate and scholars, as its members who are paid from the public exchequer despite the fact the Centre doesn’t collect any money from mosques or dargahs.
“On the other hand, states collect around Rs one lakh crore from four lakh temples but there are no similar provisions for Hindus. Thus, the Act offends Article 27,” Upadhyay contended.
The plea further claimed that the Waqf properties were given priority over other charitable religious organisations and that the Waqf Act had granted the Waqf boards unbridled power.
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#pleas #Waqf #Act #pending #HCs #Centre #Delhi
( With inputs from www.siasat.com )

March 22, 2023
Set up online RTI portal within 3 months, SC tells HCs

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New Delhi: The Supreme Court on Monday directed all high courts to set up RTI websites within three months, adding that online facilities will considerably facilitate the fulfilment of the objects of the Right to Information Act, 2005.
A bench headed by Chief Justice of India D.Y. Chandrachud said to help people access information on the apex court, it has already set up a portal for filing RTI applications in November last year.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, stressed that online facilities would facilitate the fulfilment of the objects of the RTI Act.
Hearing a plea seeking direction to the Registrars General of all high courts to operationalise online RTI portal, both for the high courts as well as the district courts, the top court said though the Act was enacted in October 2005, after a lapse of 17 years, online web portals are still to be operationalised by some of the high courts.
It was informed that high courts of Delhi, Madhya Pradesh, and Odisha have already set up web portals for the purpose. It also noted that the Karnataka High Court is using the website being set up by the state government.
The top court said it is of the view that such an exercise be carried out by all the high courts in the country no later than within a period of three months from today.
As the district judiciary is under the administrative control of the high courts, the top court asked the Registrars General of high courts to take administrative directions from the Chief Justice.
The bench said high courts will be at liberty to utilise the resources of the National Informatics Centre (NIC) for the purpose, which will provide all logistical and technical assistance.

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#Set #online #RTI #portal #months #tells #HCs
( With inputs from www.siasat.com )

March 20, 2023
Excise policy scam: Delhi HC’s notice to ED on bizman Abhishek Boinpally’s plea

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New Delhi: The Delhi High Court on Monday issued a notice to the Enforcement Directorate (ED) over Hyderabad businessman Abhishek Boinpally’s plea against the trial court’s order denying him bail in the alleged Delhi excise policy scam case.
Boinpally had moved the High Court on March 14.
Appearing for Boinpally, his senior counsel apprised the bench of Justice Dinesh Kumar Sharma that his client’s son’s admission is hanging as both the parents have to appear in the school these days.
The court then issued notice to ED while keeping the issue of maintainability open and listed the matter for the next hearing on April 12.
During the last hearing, Boinpally’s plea was opposed by the ED saying that it lacks maintainability.
Boinpally’s counsel had contended that his client is in custody since October 2022.
Boinpally was a Director of Anoos Electrolysis & Obesity Pvt. Ltd, Anoos Health & Wellness Pvt. Ltd., Robin Distribution LLP, Agasti Ventures, SS Mines & Minerals, Master Sand LLP, Neoverse Realty Pvt. Ltd., Zeus Networking Pvt. Ltd and Valuecare Esthetic Pvt. Ltd.
On February 16, four others — Vijay Nair, Sarath Chandra Reddy, Sameer Mahendru and Benoy Babu — were also denied bail by the Special Judge, Rouse Avenue Courts, M.K. Nagpal, who held that the method adopted by the five of them for committing the offences under the Prevention of Money Laundering Act (PMLA) makes up for sufficient incriminating evidence.

As the ED has already made serious allegations of tampering evidence against them, the court had said that it will also be not possible to hold that the accused persons will not try to tamper with the evidence in the case if they are released on bail.
“Keeping in view the totality of facts and circumstances and the above discussion, this court is of the considered opinion that none of the applicants/accused deserves to be released on bail in this case at this stage of proceedings as the allegations made against them are quite serious and relate to commission of an economic offence of money-laundering defined by Section 3 and made punishable by Section 4 of the PMLA. Hence, their bail applications are being dismissed,” the court had said.
On March 16, a Delhi court extended another Hyderabad-based businessman Arun Ramchandra Pillai’s ED custody till Monday in the same case.
Special Judge M.K. Nagpal of the Rouse Avenue Courts had noted that the ED had gathered some new details after a confrontation with Butchi Babu Gorantla, Hyderabad-based chartered accountant, on March 15.
The probe agency has alleged that Pillai was involved in forming a cartel (now called South Group) of manufacturers, wholesalers and retailers which controlled more than 30 per cent of the liquor business in the national capital.
The ED named the cartel, South Group, which includes BRS leader K. Kavitha, Sarath Reddy, the promoter of Aurobindo Pharma, YSRCP MP from Ongole, Magunta Srinivasulu Reddy, his son Raghav Magunta and others.
The South Group was represented by Pillai, Boinpally and Butchi Babu, the agency has claimed.
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#Excise #policy #scam #Delhi #HCs #notice #bizman #Abhishek #Boinpallys #plea
( With inputs from www.siasat.com )

March 20, 2023
HC’s Agnipath verdict exposes Opposition’s negative politics: BJP

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New Delhi: With the Delhi High Court upholding the short-term military recruitment scheme Agnipath, the BJP asserted on Monday that the verdict has exposed the Opposition’s negative politics yet again.
BJP chief spokesperson and Rajya Sabha member Anil Baluni also demanded apology from Congress leader Rahul Gandhi for his “derogatory” comments on the scheme.
He accused opposition parties of being “hell-bent on creating hurdles in the development-oriented initiatives of the Modi government”.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad earlier in the day dismissed a batch of petitions challenging the scheme for short-term recruitment in armed forces and said there was no reason to interfere with it.
The court said the scheme was made in national interest and to ensure that the armed forces are better equipped.
Baluni said the court’s observations have vindicated the central government’s progressive approach towards modernising the armed forces.
He said, “It exposes the anti-development and anti-progressive face of opposition parties. It also exposes Congress leader Rahul Gandhi yet again who tried to mislead our youth. Rahul Gandhi should apologise to the nation, particularly to the youth, for his highly derogatory and negative statements on the Agniveer scheme.”
Those recruited under the Agnipath scheme are called “Agniveers”.

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#HCs #Agnipath #verdict #exposes #Oppositions #negative #politics #BJP
( With inputs from www.siasat.com )

February 27, 2023
SC collegium recommends 19 additional judges of 3 HCs to be made permanent

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New Delhi: The Supreme Court collegium, headed by Chief Justice of India D.Y. Chandrachud, on Wednesday recommended appointment of five additional judges of the Madras High Court, four additional judges of the Bombay High Court, and 10 additional judges of the Allahabad High Court as permanent judges.
The collegium, in a statement, said: “The Collegium resolves to recommend that (1) Justice Sundaram Srimathy (2) Justice D. Bharatha Chakravarthy (3) Justice R. Vijayakumar (4) Justice Mohammed Shaffiq & (5) Justice J. Sathya Narayana Prasad, Additional Judges be appointed as Permanent Judges of the Madras High Court against the existing vacancies.”
“On 21 November 2022, the Collegium of the Madras High Court unanimously recommended the above-named five Additional Judges for appointment as Permanent Judges of that High Court. The Chief Minister and the Governor of Tamil Nadu have concurred with the recommendation.”
In another statement, it said: “The Collegium resolves to recommend that Justices (1) Rajesh Narayandas Laddha, (2) Sanjay Ganpatrao Mehare, (3) Govinda Ananda Sanap, and (4) Shivkumar Ganpatrao Dige, Additional Judges, be appointed as Permanent Judges of the High Court of Bombay against the existing vacancies.”
The collegium, also comprising Justices S.K. Kaul and K.M. Joseph, said it has scrutinised and evaluated the material placed on record including the observations made by the Department of Justice in the file.
“In order to ascertain the fitness and suitability of the above-named Additional Judges for being appointed as Permanent Judges, consultation was held in terms of the Memorandum of Procedure with Judges of the Supreme Court conversant with the affairs of the High Court of Bombay. The Committee constituted in terms of the Resolution dated 26 October 2017 of the Supreme Court Collegium to assess the judgments of the above-named Additional Judges, has submitted its report,” said the statement published on the apex court website.
In another statement, the collegium said: “The Collegium resolves to recommend that S/Shri Justices (1) Chandra Kumar Rai, (2) Krishan Pahal, (3) Sameer Jain, (4) Ashutosh Srivastava, (5) Subhash Vidyarthi, (6) Brij Raj Singh, (7) Shree Prakash Singh, (8) Vikas Budhwar, (9) Om Prakash Tripathi, and (10) Vikram D. Chauhan, Additional Judges, be appointed as Permanent Judges of the High Court of Judicature at Allahabad against the existing vacancies.”
In a separate statement, the collegium recommended that Justice Amit Sharma, Additional Judge, be appointed as a Permanent Judge of the High Court of Delhi against an existing vacancy.

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#collegium #recommends #additional #judges #HCs #permanent
( With inputs from www.siasat.com )

February 16, 2023
‘It is disturbing’: SC on Chief Justices of HCs not allowing virtual hearing

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New Delhi: The Supreme Court on Monday asked all Chief Justices of high courts to take a favourable view on the infrastructure in place for virtual hearings and not insist on physical presence of lawyers before the court.
A bench, headed by Chief Justice of India D.Y. Chandrachud, said: “What some of the Chief Justices are doing is… all the money which we have spent, they’re just disbanding the technological infrastructure which we have created for virtual hearings”.
“Irrespective of whether a Chief Justice is technology-friendly or not, this is not how you deal with public money. You have to ensure that infrastructure is available.”
The top court noted the government has announced in the budget that Rs 7,000 crore would be made available for e-courts, which will be used for infrastructure improvement in all the district courts also.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, stressed that the high courts need to learn that technology has to be used and this is public money (budget allocation). It further pointed out that some of the Chief Justices are not allowing virtual hearings and it is disturbing.
It said the judges must understand that technology is not just for the pandemic, instead it is here to stay for future and they should not insist on physical presence of lawyers.
“We’ll formulate an order and pass.”
“Our mission is to reach out to people. Lawyers who cannot understand English. We will translate judgments for them. Technology is doing that…” it said.

The bench asked Bar Council of India Chairman Manan Kumar Mishra on why he cannot call a report from Bar Councils of various states on steps to be taken to improve the use of technology for the lawyers. The bench told Mishra, “Technology should not result in exclusion and you can collect the data and place it before the court…”
The top court made these observations while hearing a matter for declaring a virtual hearing as part of fundamental rights.
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#disturbing #Chief #Justices #HCs #allowing #virtual #hearing
( With inputs from www.siasat.com )

February 13, 2023