Friday, December 9, 2011

What is wrong with ordering CBI probe: HC

Chief Justice Madan B. Lokur of the AP High Court on Wednesday asked what is wrong in the court ordering the CBI to conduct a preliminary probe into allegations against former Chief Minister N. Chandrababu Naidu and his alleged conduits. The CJ also sought to know the way forward, without the preliminary probe to find out whether there is any truth in the allegation by Y.S. Vijayalakshmi, wife of former chief minister Y.S. Rajasekhar Reddy against Mr Naidu and others.

The CJ was hearing arguments along with Justice P.V. Sanjay Kumar on pleas by Mr Naidu, media baron Ramoji Rao and others seeking vacation of interim orders granted against them. Mr. Anil Divan, senior Supreme Court advocate, appearing for Mr Ramoji Rao, said that the court cannot order a probe based on pleadings. "The court has to hear both sides and then come to a conclusion in such matters," he said. He said the court erred in ordering a CBI inquiry without even being convinced of the charges and pointed that the petitioner sought an interim order of preliminary probe by the CBI, but the court ordered the enforcement directorate, the state government and the state police to conduct an independent probe and urged the court to vacate the interim order.

Mr. Divan complained to the court that the CBI is hounding his clients by slapping notice on them to furnish audit reports, financial statements and bank statements from 2007 onwards. He submitted a copy of the notice. Meanwhile, Ushodaya Enterprises Pvt Ld owner Ramoji Rao submitted an affidavit that the CBI has issued notice to it to furnish the annual repots containing balance sheet, profit and loss accounts, auditor reports and statement of bank accounts of the company from 2007 onwards.

RIL moves court on CBI probe
The Reliance Industries Ltd on Wednesday moved the AP High Court seeking a direction to implead it as one of the parties in the petition by Y.S. Vija-yalakshmi, wife of former chief minister Y.S. Rajase-khar Reddy against TD president N. Chandrababu Naidu and others. Vice-president of the company P.B.M. Rao filed the application contending that the petitioner leveled wild allegations the company and deliberately omitted to make it as one of the respondents in the plea.

Refuting Ms Vijayala-kshmi's allegations that Mr Naidu extended undue favour to the RIL in bagging KG Basin Exploration contract, he said that the company has won the oil exploration block in the basin in a competitive bid as per the New Exploration and Licensing Policy, 1999. He urged the court to suspend the interim order of conducting the CBI probe and grant order to implead the company as a respondent in the plea.

Karunanidhi case quashed
The AP High Court quashed criminal proceedings pending in a lower court at Adoni in Kurnool district against former Tamil Nadu chief minister M. Karunanidhi. Justice R. Subhash Reddy, allowing a plea by Mr Karunanidhi, challenging the criminal proceedings pending against him in the lower court, ruled that there are no ingredients to maintain the complaint under Section 298 (uttering words with deliberate intention to wound religious feelings) of the IPC.

The Judicial First Class Magistrate of Adoni town had issued summons to Mr Karunanidhi to app-ear before the court after a practicing advocate of the town, V. Mallikarjun, had filed a complaint against the former Chief Minister over his alleged remarks against Lord Rama in the wake of controversy surrounding Ra-masethu project in 2008. Mr Karunanidhi had approached the High Court challenging the lower court's decision and also seeking a direction to dispense with his presence before the lower court.

The High Court had granted interim relief by granting dispensation of his appearance. Justice Subhash Reddy heard the arguments on Wednesday and ruled that there were no ingredients to maintain the complaint. The judge also pointed out that there was no prior sanction either from the Centre or the state government to prosecute Mr Karunanidhi, who was in public office at the time of filing the complaint.

Sentence against Babu stayed
A division bench of Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar of the High Court on Wednesday stayed the operation of punishment imposed on an assistant commissioner of endowments, Medak district for violating the orders of a single judge in administering oath of board trustees of a temple of the district despite court orders. The officer had earlier been sentenced to undergo imprisonment of one month.

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