Telangana High Court Rulings: TVV protest, inter-faith marriage, lake preservation

The complaint reveals that the members came near Dr.B.R. Ambedkar statue by raising slogans and started Dharna, without taking any permission and obstructed free flow of traffic by wrongfully restraining the vehicles.

⁠Hyderabad: The Telangana High Court quashed the criminal proceedings against Telangana Vidyarthi Vedika (TVV) members, who were charged booked under various offences for allegedly raising slogans forto release of Professor GN Sai Baba and Varavara Rao. Justice K. Sujana dealt with the criminal petition filed by students of the Telangana Vidyarthi Vedika (TVV) seeking to quash the alleged offences of Unlawful assembly, public nuisance, etc. for involving in organization protest programme at Dr.B.R.Ambedkar statue in support of release of Prof. G. N. Sai Baba and Varavara Rao. Referring to the judgment of the Apex Court in Anita Thakur Vs Government of Jammu and Kashmir wherein it was held that the right to raise slogans is a fundamental right, as long as it does not affect the public order or use any offensive language the court has upheld the right of an individual to raise slogans in a public space. The complaint was filed by S.I of Police, P.S.Saifabad against 13 persons. The complaint reveals that the members came near Dr.B.R. Ambedkar statue by raising slogans and started Dharna, without taking any permission and obstructed free flow of traffic by wrongfully restraining the vehicles. T. Rahul, the counsel for the petitioner contended that the allegations made are false and that petitioners have not committed any crime. He argued that, the chargesheet did not disclose the obstruction of any vehicle. Counsel pointed out that, there are no allegations that these petitioners used offensive language and there is no evidence to show that due to unlawful assembly, nuisance is caused to the public. The protest at Ambedkar Statue itself shows that they are not obstructing the way, the counsel said. T Rahul further highlighted that the petitioners acted within their fundamental rights guaranteed under Article 19(1)(a) of constitution. On the other hand, Assistant Public Prosecutor pointed out that petitioners were arrested by the Maharashtra Government and said that the petitioners caused nuisance to the public by forming unlawful assembly and pressed for trial of the criminal charges in the Trial Court. The Judge Pronounced allowed the criminal petition and quashed the criminal case. The judge upheld the right of an individual to raise slogans in a public space, without prior sanction, albeit in a peaceful and orderly manner, without using offensive language. The court observed that there are no allegations that these petitioners used offensive language and there is no evidence to show that due to unlawful assembly, nuisance is caused to the public. According held   continuation of criminal proceedings against petitioners in not tenable in law.

The Telangana High Court on Wednesday observed that it shall not adjudicate the matter pertaining to inter-faith marriage without hearing the parents who had raised objections for the marriage. One Vydehi, a hindu from SR Nagar, and Yousuf Nazeebuddin, a muslim from Yousufguda filed this writ plea challenging the inaction of Sub-Registrar, SR Nagar, Hyderabad in registering their marriage. The couple residing in this Hyderabad city wanted to register their marriage as their parents were reluctant to accept their inter-faith relationship. Therefore, they approached Sub-Registrar, SR Nagar with an application to register their marriage on March 13, the petitioner counsel said. Accepting the application, the Sub-Registrar has issued notice as per procedure inviting objections. Petitioner said that, when they approached the Sub-Registrar, the officer rejected their application stating that Vydehi’s parents had raised an objection. The objection is that Nazeebuddin is from different religion and that he does not have any income source to lead marital life. Justice NV Shravan Kumar dealing with the case pointed out that he cannot pass any orders without hearing the parents who had raised objections despite both the petitioners being adults. Accordingly, he directed the petitioners to bring on record parents of Vydehi and adjourned the case to June 27 for further hearing.

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The Telangana High Court on Wednesday directed the State government to file a compliance/action-taken report by undertaking to implement the measures recommended by the expert committee in a public interest litigation case pertaining to preservation of Durgam cheruvu lake. The two-judge bench of Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti was dealing with a Suo moto public interest litigation case to protect and preserve the iconic Durgam cheruvu lake and to establish new sewage treatment plans. On the earlier occasions, the bench directed the expert committee to file compliance report on the action taken by the State in implementing the short-term measures. The committee has submitted the said report on 24.04.2024. Today, the bench after perusing the report, directed the State to implement certain measures like construction of Strom water drain, strong compound wall around the lake, to replace the mechanised boats with the pedalling boats and to monitor the late water quality before and after the immersion of Ganesh idols among other measures. The bench then adjourned the matter to August 19 for further hearing.