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TelanganaTelangana High Court refuses to review order on Ganesh immersion

Telangana High Court refuses to review order on Ganesh immersion

Published: 15th Sep 2021 11:32 pm

A two-Judge panel of the Telangana High Court comprising acting Chief Justice M S Ramachandra Rao and Justice T Vinod Kumar on Wednesday refused to review their earlier order relating to logistics for immersion of Ganesh idols in the Hussainsagar lake.

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Earlier, the panel had banned the immersion of huge PoP idols in the Hussainsagar and the use of Tank Bund area for the said purpose.

Various related directions were also issued including, if necessary, the construction of rubber dam in necklace road area. The panel had also directed use of baby ponds as an alternative to the Hussainsagar lake.

In its review petition, the GHMC raised issues of inconvenience and difficulty in implementing the order. The panel voiced its deep concern at the manner in which the civic authorities had not placed before it multiple factors and how it had not taken any initiative for protection of the lake since the inception of Water Pollution Act. It had also pointed out that civic authorities had failed to diligently exercise its powers under the GHMC Act.

Dismissing the review petition, the panel opined that the relief sought by the civic authorities amounts to abdication of its responsibility as a public trustee of all natural resources such as the Hussain Sagar. After referring to the proceedings of the PCB, the panel said the applicant ought not to have sought permission to allow immersion of PoP immersed in the Hussain Sagar by filing this application. “They failed to anticipate, prevent and attack the causes for environment degradation of Hussain Sagar,” the panel added.

Covid 3rd wave action plan sought

The said panel directed the State government to file its graded response action plan with respect to the anticipated 3rd wave of COVID-19. The details of coverage of high-risk groups vaccination along with medical and paediatric care and manpower training dealing with paediatric cases must be thrown light upon considering the fact that the delta variant spreads must faster among children.

The Acting Chief Justice said: ‘The State Government must anticipate, prepare and implement the plan and not just twiddle their thumbs.’ Further, the panel also stated that Rapid Antigen Test shall not be taken into consideration and only RTPCR shall be considered given the fact that there are high number of false negatives. The panel directed the Government to establish a Command Control Room which monitors the sero surveillance plan along with the COVID-19 variant analysis.

The panel put forth their view that with mosquito problems, winter in the near future and Ganesh Chaturthi, the Government must be on their feet. The Advocate General of State of Telangana and Assistant Solicitor General of India were directed to file a response action plan and lifesaving drugs included in the national list, respectively. The matter is adjourned to September 22 for further hearing.

The panel heard Kowturi Pavan Kumar and Senior Counsel L Ravichander while making addition to the various contours required to be addressed by the government in their next report.

Court rejects plea to cancel Jagan bail

Justice K Lakshman of Telangana High Court on Wednesday dismissed the application for transferring petitions pertaining to cancellation of bail of Y S Jaganmohan Reddy, Chief Minister of Andhra Pradesh and Venumbaka Vijaya Sai Reddy, Member of Parliament. As reported here earlier Kanurnuri Raghurama Krishna Raju, MP, sought transfer of petitions filed before Principle Judge for CBI Cases at Nampally to any other competent courts in Telangana on the ground that that the Judge has a biased view towards the accused. The Judge opined that the ground raised is not sufficient to transfer a case from the Principal Judge of CBI to any other court.

HCA Ombudsman Verma’s order suspended

Justice T Amarnath Goud of the Telangana High Court suspended an order of Justice Deepak Verma, the ombudsman of HCA. The ombudsman had interdicted a resolution suspending Mohammed Azharuddin and others as functionaries of the Hyderabad Cricket Association.

The said five-member committee was headed by former Chief Justice Nisar Ahmed Kakru and Justice T Meena Kumari. The said committee had proceeded with their action against Mohammed Azharuddin and others stating that the decision was supported by a majority through secret ballots where 107 of the 180 members had voted.

The ombudsman and the ethics officer had suspended the functioning of the elected president on allegations of “indulging in various acts, lowering the dignity and prestige” of the HCA.

In his order, Justice Amarnath Goud stated the backdrop of the ongoing battle in the HCA. Senior Counsel S. Ravi appearing for the Writ Petition K John Manoj pointed out that, Justice Verma was only an ombudsman and he could not have passed the impugned order and that it amounted to ‘usurption of power’. He also pointed out that “the power of the ombudsman is only to resolve the day-to-day affairs but he has no power to resolve the disputes between the members of the association and he has exercised the jurisdiction which he does not have.”

Another Senior Counsel B Adi Narayan Rao appearing for Mohammed Azharuddin justified the order made by the ombudsman. Justice Amarnath Goud pointed out that the complaints were not furnished to the affected committee members and very appointment of ombudsman was sub-judice.

The Judge recorded the finding that the order of the ombudsman disentitling the Mohammed Azharuddin and others from functioning was not in compliance of principles of Natural Justice.

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