Hyderabad: Justice Vinod Kumar of the Telangana High court permitted BJP President Bandi Sanjay to continue with his ‘Praja Sangrama Yatra’ organized by Bharatiya Janata Party. The judge allowed a writ petition party state president Bandi Sanjay Kumar who contended that before the commencement of yatra oral permission was obtained from the police authorities concerned […]
Hyderabad: Justice Vinod Kumar of the Telangana High court permitted BJP President Bandi Sanjay to continue with his ‘Praja Sangrama Yatra’ organized by Bharatiya Janata Party. The judge allowed a writ petition party state president Bandi Sanjay Kumar who contended that before the commencement of yatra oral permission was obtained from the police authorities concerned and that the DCP Warangal also accorded oral permission to continue with the yatra.
The counsel for the petitioner submitted that no objection was made by police authorities during the commencement of yatra and only on August 23 the petitioner and others were stopped from continuing with the yatra alleging that some party leaders have made provocative speeches and there is an apprehension of disturbances. He pointed out that without any law and order issue as such, stopping a pada yatra carried out in a peaceful manner was a colorable exercise of power. The court observed that government failed to show any evidence on record to prove that any provocative speech was made which could create a law and order issue.
It further observed that depriving the individual to exercise the fundamental right to assemble peacefully in a democratic set up is unacceptable. The court also pointed out that the mere claim of the government without evidencing provocation or breech of peace in the said Yatra is not acceptable. To the argument of the Advocate General that there are two cases of breach of peace against the petitioner, the court said that that in itself cannot be the ground for the impugned deprivation. The court also refused to see the video as evidence since no supporting affidavit as required under the Evidence Act was filed.
CP asked to oversee probe into accident death
A two judge panel of the Telangana High court comprising Chief Justice Ujjwal Bhuyan and Justice Bhasker Reddy on Thursday directed the Police Commissioner to oversee the investigation into the death of one Sarfaraz Hussain who succumbed to injuries sustained in an accident on the Salar Jung Colony flyover in the city on March 11.
According to Kaleem, a tailor from Toli chowki, his son died while riding a two wheeler at the instance of his employer. The deceased was working for a Health and Medical Store owned by Mohd. Aleem, Sub Inspector of Police of Habeeb nagar and other members of his family. The petitioner complained that after his son’s death, he lodged a complaint with the Golconda police but the police to help their colleague recorded that his son died of rash and negligent driving. When a single judge dismissed the writ petition the present appeal was filed. Masood Khan appearing for the appeallant pointed out that the plea of alternative remedy which found favour with the single judge could not be a ground in a case of such gross violations. Allowing the appeal the panel not only required the Commissioner to monitor the matter but also directed the Legal Services Authority to provide necessary assistance and the government to consider grant of compensation. It was also the case of the petitioner that the deceased was a minor who did not have a driving license and was yet required to ride the two wheeler to deliver medicines to customers.