Blanket prohibition on anti-govt news can’t be imposed: Telangana HC

The power to impose bail conditions, the judge said, cannot imply such absolute discretion so as to defeat the Right of Expression and the right to practice profession

Hyderabad: Justice T Vinod Kumar of the Telangana High Court, while modifying conditions of bail, contended that the blanket prohibition on reporting ‘any news’ against the government cannot be imposed. The power to impose bail conditions, the judge said, cannot imply such absolute discretion so as to defeat the Right of Expression and the right to practice profession.

Justice Vinod Kumar was dealing with a petition filed by Annamchinni Venkateswar Rao who is an accused in a crime registered at Mailardevpally Police Station Cyberabad Commissionerate for a case of sedition. The petitioner is named as an accused in a criminal case dealing with a publication critical of the government. While granting bail, earlier, the court required the petitioner ‘not to indulge in similar types of offenses’ till conclusion of trial.

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T Rajnikanth Reddy, the petitioner’s counsel pointed out that the said condition made it difficult for the petitioner, a journalist, to carry out his profession. It was effectively a possibility for the authorities to allege that he has committed a similar type of offence and have the bail cancelled. Public Prosecutor would point out that the petitioner “in the name of carrying on the profession of journalism is spreading false news and creating panic and hatred among different sections of people”.

The earlier charge against the petitioner was one of sedition. Justice Vinod Kumar referred to various judgements of the Apex Court. Quoting he said, ‘the democratic credentials of the state are judged today by the extent of freedom the press enjoys in that state’. “If the voice of the Fourth Estate is stifled in this manner, India will become a Nazi state….”. ‘The state needs to be more tolerant and circumspect while invoking laws pertaining to sedation and religious dissatisfaction’. The judge accordingly concluded that such an onerous condition would place the petitioner at the mercy of the authorities. The said condition was accordingly relaxed.

‘Seize property if construction is illegal’

A two-judge panel of Telangana High Court comprising Chief Justice Raghavendra Singh Chouhan and Justice B Vijaysen Reddy directed the Revenue authorities to inspect the site in an extent of nearly 3 to 4 acres situated at Thogarrai village near RTC bus stand main road Kodad mandal Suryapet district and further directed the Tahsildar to seal the property if it was found that the construction there was illegal.

The court was dealing with a writ petition filed by Smt Sulthan Tirupathamma challenging the action of the authorities in not taking any action on the encroachment of government land and winking at the illegal construction thereon by private respondents in the writ petition. The court posted the case after 2 weeks for further hearing.

Notices served to Collector, Commissioner for apathy

The panel also issued notices to the District Collector, Rangareddy District and Commissioner HMDA in a writ plea seeking direction for removal of obstructions and encroachments obliterating the field village water channels and contoured water overflow courses of Silpa Homes Private Limited and Shanta Shriram Constructions Private Limited and restore the defined natural channels for flow of over flow water from the Perzadi Kunta Lake to the Neerla Cheruvu Lake and eventually to the Shankaaramma Kunta in Bahadhurpally Village Dundigal Gandimaisamma Mandal Medchal Malkajgiri.

The panel is hearing a writ plea filed by Mysigari Venkatesh and others complaining of failure on the part of the government to prevent the illegalities. The court further tagged the case to an already pending Public Interest Litigation before the court. The court posted the case after 3 weeks.

No room for physical violence while conducting search, says HC

A two-judge panel of the Telangana High Court held that the officials of the GST Intelligence Department in the course of conducting a search cannot resort to physical violence. The observations come in a writ plea filed by M/s Agarwal Foundries Pvt Ltd. The petitioner and the officials traded allegations of violence by the other party.

In the ongoing inquiry of alleged evasion of GST, the panel comprising Justice MS Ramachandra Rao and Justice T Amarnath Goud required that the petitioner and their employees be examined in the visible vicinity of their counsel.

“No provisions of any law is cited before us by the respondents to say that they are entitled to use physical violence against persons they suspect of being guilty of tax evasion while discharging their duties under the CGST Act, 2017 are not to be treated as police officials, they cannot claim any immunity if they indulge in acts of physical violence against persons they suspect of being guilty of tax evasion. After India adopted the Constitution of India, protection against torture by State actors has been recognised as part of right to life and liberty guaranteed by Article 21 of the Constitution of India”, Justice Ramachandra Rao said speaking for the panel.

The panel relied on the discharge certificate given by the hospital where the injury appeared to be to such a degree that the complainant petitioner was unable to walk.

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