Hyderabad: The Telangana High Court has dismissed a criminal case against three trainee judicial officers registered at the behest of another trainee officer, terming it as malicious and counter-blast.
A bench of Chief Justice Alok Aradhe and Justice J Srinivasa Rao is hearing the petition filed by Asifa Sultana and two others. The petitioner stated that he was selected as a Junior Civil Judge on October 1, 2013 and was sent for training at the Judicial Academies in Secunderabad and Bengaluru. Along with others, they trained at the Judicial Academy from August to October 2015.
According to the petitioner, when they were undergoing training at the Karnataka Judicial Academy in Bangalore, the then junior judge Malhota Bujjil abused them due to some incidents in the room where the petitioner and Malhota Bujjil were staying.
It was brought to the notice of the court that, when the petitioners were out for dinner, Malhota Buzzil was sharing a room with a male trainee officer, Kalyan Chakraborty. He entered the flat allotted to women officers in the middle of the night.
They claimed that the petitioners immediately informed the Assistant Director and Administrative Officer of the Andhra Pradesh Judicial Academy and submitted a written report to the Director Judicial Academy detailing the entire incident between September 30 and midnight of October. 1, 2015.
The complaint was earlier referred to the Hyderabad High Court. On October 10, 2015, the petitioners came to know that Malhota Buzzil lodged a complaint against them with the Station House Officer, Maredpally Police Station. Based on the said complaint, an FIR was registered under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Petitioner’s counsel N Naveen Kumar argued that the complaint was filed with an ulterior motive to cover up their wrongdoing and accused the petitioners of verbal abuse as a counter blast, though they did not abuse the complainant on the basis of her caste and religion. The contents of Section 3(1)(x) of the Act do not attract.
Speaking through Chief Justice Alok Aradhe, the bench said, the complainant has registered a complaint against the petitioners based on the information/complaint of the report submitted to the Registrar (Vigilance) by the Director of Andhra Pradesh Judicial Academy, Secunderabad. After inquiry against the petitioner and Malhota Bujjil and S. Kalyan Chakraborty.
Dismissing the FIR, the bench said, “It clearly shows that Malhota Buzzil filed a malicious complaint against the petitioners as a counter blast and it is a clear abuse of the process of law.”
Return the donated land, High Court to the state
Telangana High Court Justice K Sarath directed the state government to return four acres of land to the original owners for constructing a mini sports stadium at Mothkur village in Khammam district.
The judge allowed the writ petition filed by Aginati Ravi Kumar and Raburi Biksmaiya, both farmers of Khammam. The petitioner has donated the said land for the construction of a mini sports stadium. However, the said land was not used for that purpose.
At the request of the local MLA and elders, the petitioners donated 6 acres of land for the construction of a mini sports stadium. Even after 19 years of donating the land, the stadium has not been constructed on that land.
However, the building of Kasturwa School was constructed with funds under the Rajiv Vidya Mission on two acres of land donated without the consent of the petitioner.
According to the petitioner, the school was built on two acres of land but the remaining four acres were left vacant and the petitioner requested the court to restore it.
Currently, a writ petition has been filed after the defendant did not do a good job. It is the case that the government has no right to take back the donated land after the petitioner relinquishes the right to the land for public purposes.
Even for the time being, the defendant has used two acres of land for other purposes. In the impugned memorandum, the said land will be used for other public purposes and that is arbitrary and illegal, the judge said.
Accordingly, the judge held that the remaining four acres of vacant land should be returned to the petitioner.
1969 Pension Petitions of TG Agitators See: High Court
Telangana High Court Judge Mausumi Bhattacharya dismissed the writ petition filed by the state agitators of 1969 seeking pension and other benefits for their role in the historic movement.
The judge was addressing a writ petition filed by Manda Ilaih and 14 others who alleged inaction by state authorities and argued that denial of such facilities was arbitrary, illegal and in violation of the Constitution.
In the petition, it has been demanded to formulate a plan to extend pension and related facilities to the protestors. The petitioners complained that their imprisonment and sacrifices during the state agitation were not recognized and that despite their repeated appeals, they did not get any benefit.
However, the respondents contested the maintainability of the petition, stating that the petitioners had neither submitted the 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 planning for pensions fall outside the purview of writ jurisdiction.
The judge clarified that the respondents should 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 making is within the exclusive domain of the state government, and cannot compel the authorities to frame schemes by invoking the writ jurisdiction.
The judge directed the petitioners to approach the Chief Secretary and directed the state authorities to consider and resolve the representation within three months.
Court takes plea against interference
Justice B Vijayasena Reddy of the Telangana High Court filed a writ petition alleging interference by the informal respondents in performing their daily duties at Masjid-e-Hasa, Baba Nagar, Hyderabad.
The judge was hearing a petition filed by Habib Ahmad Hasham Jamalullail, who claimed that he had been performing the duties of imam for 27 years.
The petitioner alleged that the Telangana State Wakf Board had sent several persons to obstruct the petitioner from performing his duties as Imam.
The petitioner has also alleged that a false case has been tried against him and that he has been obstructed in fulfilling his duties.
The petitioner claims that the action of the respondent is illegal, arbitrary and contrary to the principles of natural justice. After hearing the petitioner’s counsel, the judge directed the respondents not to interfere or obstruct the petitioner in the discharge of his duties without following due process of law. The judge also directed the public prosecutor to take instructions.