Telangana HC stays proceedings against KTR in criminal case related to Assembly elections

The allegations are that he has organised an event at the Martyrs Memorial during the 2023 Assembly elections when the Model Code of Conduct was in effect.

By Legal Correspondent

1. Justice B Vijaysen Reddy of the Telangana High Court stayed all proceedings against Kalvakuntla Taraka Rama Rao (KTR), the working president of the BRS Party and MLA Siricilla in a criminal case pending trial before Special Judicial First Class Magistrate For Excise Cases At Manoranjan Complex, Hyderabad. The Police Saifabad has registered a criminal case against KTR under sections 188 and 171 H of Indian Penal code. The allegations are that he has organised an event at the Martyrs Memorial during the 2023 Assembly elections when the Model Code of Conduct was in effect. In complaint, it is also alleged that a drone camera was used by the petitioner without prior police permission. The chargesheet is field in this case and the case is transferred from 1st Additional Chief Metropolitan Magistrate, Hyderabad to the special court for trial of cases relating to MLAs.

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A Prabhakar Rao, KTR Counsel argued that the said offences of ‘disobedience to order duly promulgated by public servant’ and ‘Illegal payments in connection with an election’ are not made out against the petitioner, as the allegations did not have requisite ingredients to attract the offences. It is also said that, the alleged interview that has been broadcasted on electronic media on November 15, 2023 does not amount to violation of Model Code of Conduct. Petitioner counsel further stated that no prima facie case is made out against KTR and subjecting him to trail would be abuse of process. Accordingly stay of proceedings was sought and the court conceded to the submissions. The judge adjourning the case directed the PP to submit their response.

2. The Telangana High Court on Tuesday directed the newly appointed GHMC Commissioner, Amrapali Kata, who appeared in hybrid mode, to take action against the unauthorised constructions in the State. Syed Rasheed Hussain and others filed a batch of writ pleas challenging the inaction of the GHMC authorities to demolish the illegal and unauthorised constructions based on the representations to the Commissioner. Justice T Vinod Kumar of Telangana High Court on the earlier occasion, directed the appearance of the Commissioner of GHMC to appraise the court regarding action taken by the authorities. Today, when GHMC Commissioner appeared in hybrid mode, the judge pointed out several irregularities and directed the Commissioner to take action against the misuse of powers conferred under Sec 455(A) and not following the procedure under Sec 630 of GHMC Act. That the notices are being issued without any specific mention of the provision, the Judge told. However, when the judge raised many other irregularities such as compensation has not been awarded in respect to the land acquisition at Mylardevalapally village, the Commissioner sought time to comply with all the directions. Granting time, the judge adjourned the matter by 2 weeks for filing of action taken report by the authorities.

3. A Two-Judge bench of the Telangana High Court comprising Chief Justice Alok Arade and Justice Anil Kumar Jukanti directed the State to submit a report in accordance with Law dealing with a Suo moto PIL case pertaining to death of Children below 10 years due stray dogs attack. The Court said situation is critical and needs an immediate action on the part of State Government. The division bench was dealing with a PIL which was taken up Suo moto based on the Newspaper report published in the English Daily on 22.02.2023 under the caption “Pack of four stray dogs maul four-year-old boy to death in city”. It may be recalled that the on earlier occasion court has granted Rs. 8 Lakhs compensation to the deceased family. Thereafter, on June 28, a similar incident took place and another group of stray dogs has mauled another six-year-old boy to death. The bench relying on the apex court Judgement directed the State to upraise by filing a module keeping in view the parameters of the Act and the Rules for appropriate implementation by the next date of hearing.