Hyderabad, October 30: A division bench of the High Court today took on record the statement of Advocate-General DV Sitaram Murthy that the parameters laid down for identifying the creamy layer of Backward Classes through an order made by the government in 2006 was being implemented.
He made the statement on a writ petition filed by Prof Jayaprakash of the Osmania University challenging a recent government order keeping in abeyance the exercise of identifying the creamy layer among the Backward Classes in the State.
The exercise is required as part of the government’s duty while providing reservation to Other Backward Classes under the Constitution.
The petitioner said that keeping in abeyance the said exercise effected services under the State and Subordinate Service Rules. The government defended its present order stating that this was done as it was reexamining the income criteria.
The bench of Chief Justice Anil Ramesh Dave and Justice CV Nagarjuna Reddy adjourned the matter by two weeks to enable the government to file its counter affidavit.
Plea for more women in police force
The bench admitted a writ petition filed by Srinivas Madhav, a practising advocate, seeking more reservation to women in the State police department.
He alleged that the State figured high in offences against women and thus needed remedies including more women in the police force. Of the 80,000 personnel in the department, only 1,740 were women thereby constituting a measly 2 per cent as against the 33 per cent reservation provided in other departments, he argued.
Arrest of 2 NRIs in bank cheating case upheld
A division bench of Justice DSR Varma and Justice R Kanta Rao dismissed a writ petition filed by two NRIs and upheld the action of the authorities in arresting them after seeking the assistance of Interpol.
The bench dictated till late evening their order on a writ petition filed by Prem Kumar and Gunaranjan.
The petitioners were arrested in the USA on a complaint lodged by the State Bank of India in December 2007. The complaint alleged that the petitioners had cheated the bank of Rs 3.06 crore and had left the country. The bank pointed out that with interest the amount now mounted to over Rs 5 crore.
The petitioner contended that they floated three companies _ Suri Electronics Private Limited and two others, suffered huge losses in the course of the business, faced litigation before the Debt Recovery Tribunal and their companies were wound up and as such the cases of cheating against them were baseless. They pointed out that there was not a whisper of them absconding, being noncooperative or not traceable and as such the Red Alert order against them prior to the arrest was not in accordance with law.
They also said that they had become Green Card holders even by the date of the complaint lodged by the bank.
The bench dismissed the writ petition by dictating the order in open court. The details were not available. The bench speaking through Justice Varma upheld the action of the CBI. The bench left it open to the petitioners to move the criminal court for bail and other reliefs.
Relief to engg student short of attendance
The bench permitted a poor student to take his third-year engineering examination after treating a letter addressed by him to the court as a writ petition. R Murali Krishna of RJR and JC College addressed a representation to the court complaining that he did not have the required attendance as he was suffering from asthma and if he was not permitted to take the examinations he would be required to repeat the academic year. He said that he hailed from a poor family and that his parents would not be in a position to afford his education.
Plea against handcuffing of Cherlapally prisoner
Justice Tamada Gopalakrishna granted time to the Home Jail authorities of Cheralpalli Jail to respond to a writ petition complaining that they were following the practice of handcuffing inmates contrary to the directions of the apex court. The judge was dealing with a writ petition filed by Syed Ali Mohd Quadri complaining that his father Syed Kasam Pasha, who was serving a sentence for offences of rioting and house trespass had heart problem and whenever he was being taken to hospital he was being chained and handcuffed contrary to law. The matter will be heard by the judge on Monday.
Status quo ordered on Package IV of Polavaram
Justice PS Narayana directed the authorities to maintain status quo with regard to Package IV of the Polavaram irrigation project.
The judge was dealing with a writ petition filed by farmers complaining that the project was illegal on various counts. They said the claim of the authorities that they had clearances for the project was placed before the division bench hearing the appeals and, despite the same, the court had ordered status quo.
The single judge accordingly ordered the same and directed the matter to be listed with the related appeals.
–Agencies