Poachgate: High Court extends stay on issuance of notices

Hyderabad: The Telangana High Court single judge K Surender on Tuesday extended till December 22 the stay orders on issuance of notice under 41A CrPC to BJP national leader B L Santosh, Tushar Vellapally, Jaggu Swamy and Bhusarapu Srinivas, advocate from Karimnagar.

The judge, while extending stay on notices, recorded the contention of the First Additional Special Judge for trial of ACB Cases, Nampally, when he rejected the nemo filed by the SIT arraying the four as accused 4 to 7.

The ACB Judge in his order had said that there is no prima facie case made out against the four to be included and arrayed as accused. He observed that the SIT has no power to investigate the case, as cases are registered under the PC Act and election-related cases.

Justice Surender also recorded in his order that Justice D Nagarjun had adjudicated the criminal revision case elaborately, filed by SIT challenging the ACB court order rejecting the memo. Orders on the criminal revision case are reserved. The court may pass orders on December 21.

Justice Surender heard senior counsel Desai Prakash Reddy for anthosh and V Pattabhi, senior counsel for Tushar, an accused in TRS MLAs poaching case. In view of the above, he extended the stay on notice issued under 41A CrPC till December 22.

Court permits Sharmila to continue padayatra

The single bench of the High Court on Tuesday heard the lunch motion petition filed by YSRTP leader Y S Sharmila, who alleged that the State government has stopped her padayatra inadvertently. She sought permission to go ahead with the yatra and permission to hold public meetings in certain places.

The bench, headed by Justice Bollam Vijaysen Reddy, heard the lunch motion plea seeking to direct the Warangal commissioner of police and to permit to continue the yatra and hold public meetings within the jurisdiction of the police commissionerate.

Justice Reddy commented why all politicians are coming to the court nowadays seeking permission for padayatra. He queried how the police can refuse permission after the HC allowed the yatra. Government Pleader for Home Mamidi Roopender said despite the court orders not to make derogatory remarks, Sharmila commented that Telangana is being turned into a Taliban State. "She made offensive remarks after coming out of Raj Bhavan at Hyderabad and made inappropriate comments on TRS leaders, he informed the court.

Justice Reddy queried why permission was denied for the padayatra if Sharmila made comments near Raj Bhavan. He asked Sharmila's counsel Varaprasad why she is making such objectionable comments in the padayatra. "Telangana is heading for Taliban State and so on… Did she make such derogatory comments, the judge sought to know.

Varaprasad told the court that the police had lifted her vehicle without any reason. In a fit of rage she lost her control".

Justice Reddy opined that it is not appropriate to comment on the State while staying in Hyderabad. "If politicians cannot condemn one another, how do people know what is happening in society?. Politicians are only on roads; if they exceed limits, the court has to stop them, he averred.

The judge directed the police to permit Sharmila to continue the padayatra, which the court gave orders on November 29. He further directed the petitioner counsel that she must not make any derogatory remarks against the government and politicians. The court directed her to remember the conditions given earlier.

HC directs State to come up with comprehensive report on OGH

On Tuesday the HC division bench comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy heard a batch of public interest litigations regarding the Osmania General Hospital. Some petitioners sought orders not to demolish the OGH building, which is a heritage structure. Some others wanted the OGH building which is in dilapidated condition to be pulled down.

Advocate-General Banda Shivananda Prasad informed the court not to pass any interim directions where public interest is more involved in the matter. "Moreover, it's matter of hospitals; in larger public interest, don't issue an interim order, averred Prasad.

CJ Bhuyan observed: Let the State government come up with a proposal on what could be done for welfare of society regarding OGH, which is in dilapidated condition.

One of the petitioner counsel told the court that around Rs 200 crore was required to take up the project for renovation, rebuild OGH.

The bench directed the government to have consultations with all concerned authorities and to come up with a comprehensive report on OGH. The court opined 'it is expected that the government will have wide ranging consultations to develop the OGH building and its premises. It directed the government to file the comprehensive report in the next hearing. The case was adjourned to February 7, 2023