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HC asks AP govt to reconsider transfer of IO probing liquor syndicate

April 16, 2012 By admin Leave a Comment

In an embarassment to the state government, the Andhra Pradesh High Court today asked it to reconsider the transfer of the Anti-Corruption Bureau(ACB) officer who was heading the probe into the dealings and links of the liquor syndicate. A Di

vision Bench which also included Chief Justice Madan B Lokur said this while hearing an interlocutory application moved by a petitioner in the face of growing criticism to the transfer of K Srinivas Reddy, an IPS officer, to the coastal security wing early this month.

The state government was directed to inform the court by April 27 its stand on bringing back Reddy to his post.The petitioner alleged that in order to whittle down the ongoing probe into the liquor scandal, the government had deliberately transferred Reddy, the Investigating Officer(IO) who had taken on the liquor mafia in the state. The state government is under pressure from various political quarters to somehow dilute the ongoing investigation, the application alleged.

The petitioner expressed apprehension that the change of the IO might result in benefiting such people who have gothigh political links and who are involved in the scandal neck-deep. The Chief Justice initially expressed his reluctanceto interfere with the Government’s executive powers as regards to the transfer of officers.

However, he later said the Government would have been better advised if it had not given room for any suspicions about its intention in transferring Reddy. The Chief Justice asked the Government to reconsiderthe move in view of the issues raised by the petitioner and criticism in public over the transfer issue. He directed the Government to express its view on the question of bringing back Reddy to take up further investigation into the matter. The case was posted to April 27 for further hearing.

Filed Under: International News Tagged With: andhra pradesh high court, Corruption Bureau, division bench, embarassment, K Srinivas, petitioner, scandal, suspicions

Zardari’s electoral eligibility cannot be challenged by any court or authority: SHC

May 13, 2010 By vani Leave a Comment

Karachi, May 13 (ANI): Backing the electoral validity of President Asif Ali Zardari, the Sindh High Court (SHC) has observed that it can not be challenged before any court of law or authority.

Hearing a petition filed by Advocate Maulvi Iqbal Haider challenging Zardari’s electoral eligibility, a division bench headed by Justice Sarmad Jalal Osmany said that the Chief Election Commissioner had already dismissed Haider’s plea, and that the validity of nomination papers filed in 2008 could not be allowed to be challenged in 2010 on the basis of “ flimsy, fake and fabricated grounds.”

Haider, in his petition, had said that being a beneficiary of the now defunct amnesty law, the National Reconciliation Ordinance (NRO), Zardari was not qualified for contesting the presidential elections.

He argued that Zardari’s nomination papers were liable to be re-scrutinised in light of the Supreme Court’s NRO verdict on December 16, 2009.

After hearing Haider’s argument, the SHC dismissed his petition observing that Zardari didn’t enjoy any immunity under the NRO.

“ We have heard the petitioner in person and have pointed out to him provision of Article 41(6) of the Constitution which in so many words provides that the validity of election of the President shall not be called in question by or before any court or other Authority,” The Dawn quoted the court’s ruling, as saying.

“ The petitioner did not have any locus-standi to challenge the Presidential election on ground that Asif Ali Zardari was disqualified for any reason to contest the same. The crux of petitioner’s arguments is that after decision of the Supreme Court of Pakistan declaring National Reconciliation Ordinance, 2007, null and void ab initio, any benefit derived by any person in pursuance of Section six thereof was also declared none to have legally accrued to any such person and consequently of no legal effect,” the ruling said. (ANI)

Filed Under: International News Tagged With: Ab Initio, Amnesty Law, Asif Ali Zardari, beneficiary, chief election commissioner, crux, division bench, haider, jalal, karachi, Locus, national reconciliation, nomination papers, nro, petitioner, presidential election, presidential elections, Sarmad, sindh high court, supreme court of pakistan

Pak court dismisses plea against extradition of Taliban No.2

May 12, 2010 By vani Leave a Comment

Islamabad, May 12 (ANI): The possible extradition of 12 Afghan Taliban militants, including Taliban No.2 Mullah Abdul Ghani Baradar, arrested by Pakistan has benn stalled after the Lahore High Court dismissed petitions regarding the extradition.

Chief Justice Khawaja Muhammad Sharif on Tuesday rejected the plea of petitioner’s lawyer Tariq Asad, stating that the petitioner, Khalid Khawaja, was now dead.

He said a fresh petition needed to be filed for the case to proceed, the Daily Times reports.

Khawaja was kidnapped and later killed by the Afghan Taliban.

The kidnappers had linked his release with the withdrawal of petitions pending in the Lahore High Court regarding their arrested men.

Khawaja had challenged the possible extradition of Mullah Baradar, Mullah Abdul Salam, Maulvi Kabir, Mullah Muhammad, Ameer Muawiya, Tayyab Agha, Hakeemuddin Mehsud, Mullah Tayyab Popalzai, Abdul Qayum Zakir, Musa and Mohtasim Agha and others. (ANI)

Filed Under: International News Tagged With: afghan taliban, agha, ameer, Chief Justice, extradition, Islamabad, Khawaja, kidnappers, lahore high court, lawyer, Muhammad Sharif, Mullah Muhammad, musa, Pakistan, petition, petitioner, Petitions, plea, Taliban, tariq

Governors can’t be removed due to change of regime at Centre: SC

May 7, 2010 By vani Leave a Comment

New Delhi, May 7 (ANI): In a judgement that could have deep political connotations the Supreme Court on Friday said governors cannot be removed or transferred just because of a change of government at the Centre.

A five-judge constitution Bench headed by Chief Justice K G Balakrishnan gave the decision on a petition challenging the summary dismissal of governors by the President after a change of regime at the Centre.

Earlier, appearing for the petitioner, senior lawyer Soli J Sorabjee had questioned the removal of four governors by the UPA Government after the NDA lost elections in 2004.

He had said constitutional office holders should not be made sacrificial goats at the altar of electoral politics and should be treated with dignity that they deserve.

Sorabjee had suggested a fixed tenure for them or in case of removal, giving of proper reasons by the President of India. (ANI)

Filed Under: International News Tagged With: Chief Justice, connotations, Constitution Bench, Constitutional Office, dignity, electoral politics, goats, Governors, judgement, k g balakrishnan, lawyer, nda, New Delhi, petition, petitioner, president of india, regime, Summary Dismissal, Supreme Court, tenure

Pakistan braces for judicial war

April 28, 2010 By vani Leave a Comment

Islamabad , April 27 — Pakistan President Asif Ali Zardari and his government are now getting ready for one last battle – possibly the toughest one yet – in which they will take on the judiciary which has questioned parts of the 18th Amendment Act. The bill was passed into law last week amidst much fanfare and with the endorsement of all the major political parties of the country. The Supreme Court has formed a larger bench to hear petitions against the 18 Amendment Act, particularly objections raised against Clause 175-A which deals with the appointment of judges to the superior courts. Petitioners, which include the son of former military strongman General Zia ul Haq, have asked that the supreme court strike down the 18th amendment “as it is against the constitution.” The line being taken by the petitioners is that the 18th Amendment Act changes some very basic concepts of the constitution which it is not empowered to do. Ijazul Haq argues that “it is not the mandate of the present parliament to alter the constitution as this is the job of a constituent assembly.” Another petitioner – Akram Shaikh pleaded that the procedure proposed in the 18th Amendment for appointment of judges to the superior judiciary “is the fourth attack on the judiciary and must be checked.” He prayed to the court to “define the the paremeters according to which the parliament can make laws.” Amongst the legal community, there is heated debate over whether the Supreme Court can strike down an act of parliament. On one side is the president of the Supreme Court Bar Association, Qazi Anwar, who says that no changes can be made against the spirit of the constitution. On the other side is Aitezaz Ahsan, former lawyer for Chief Justice Chaudhry Iftikhar who says that the Supreme Court lacks the jurisdiction to strike down constitutional amendments. Ruling party politicians insist that the government will fight a legal battle with the judiciary and if all else fails, “will take the case to the people.” A possible political referendum is being hinted. In all this, there are fears that the government will enter into another protracted political crisis – which it can ill afford at this point.

So far, the statements being issued by PML-N leader Nawaz Sharif indicate that while the party is not in favour of a confrontation, if required it will stand for the supremacy of parliament. This has given the Zardari government comfort for the long term.

Filed Under: International News Tagged With: 18th amendment, Act Of Parliament, Amendment Act, anwar, appointment of judges, Asif Ali Zardari, Chaudhry, Chief Justice, constituent assembly, Constitutional Amendments, Military Strongman, Pakistan Braces, petitioner, Petitioners, Qazi, ruling party, Superior Courts, supreme court bar, Supreme Court Strike, zia

Sindh High Court quashes petition challenging Zardari’s electoral eligibility

April 23, 2010 By vani Leave a Comment

Karachi, Apr.22 (ANI): The Sindh High Court has quashed a petition challenging President Asif Ali Zardari’s eligibility, saying he enjoys constitutional amnesty from court proceedings.

Chief Justice Sarmad Jalal Osmani observed that the 2008 Presidential election could not be challenged, and that Zardari could only be removed from the chair through impeachment.

The petition filed by advocate Maulvi Iqbal Haider asked for scrutiny of Zardari’s nomination papers by the election commission saying that he too was a beneficiary of the defunct National Reconciliation Ordinance (NRO).

The petitioner also argued that following the Supreme Court’s judgement on the NRO, all those cases dismissed under the controversial amnesty law were restored.

It may be noted that in December last year, a 17-member judge bench, headed by Chief Justice, Iftikhar Muhammad Chaudhry, had declared the NRO as “unconstitutional” and “invalid from the outset”. (ANI)

Filed Under: International News Tagged With: Amnesty Law, Asif Ali Zardari, beneficiary, Chief Justice Iftikhar, chief justice iftikhar muhammad chaudhry, court proceedings, election commission, haider, iftikhar muhammad chaudhry, impeachment, iqbal, jalal, justice iftikhar muhammad chaudhry, national reconciliation, nomination papers, nro, outset, petitioner, presidential election, Sarmad

Madu Koda scam: Chaudhary to continue as probing officer

March 30, 2010 By vani Leave a Comment

Ranchi (Jharkhand), Mar 30 (ANI): The Jharkhand High Court on Tuesday announced that Income Tax (IT) Director (Investigation) Ujjwal Chaudhary, who is investigating the Madhu Koda scam, would continue to be the probing officer.

The court had earlier on March 16 extended the stay on Chaudhary”s transfer till March 30.

The High Court, on February 23, had stayed Chaudhary”s transfer after Durga Oraon filed an interlocutory application in the disproportionate asset (DA) case and had asked the IT department to file an affidavit as why the transfer was made.

The Central Board of Direct Taxes (CBDT), on February 19, had transferred Chaudhary from the post of director Income Tax (investigation) wing to the post of commissioner Income Tax (Central) an assessment wing of the department.

In another DA case involving ex-ministers including Koda, the bench had earlier asked the state government as why the CBI enquiry should not be ordered for its investigation.

Appearing for petitioner counsel Reetu Kumar argued that since the investigation by I-T and Enforcement Directorate (ED) has found huge investments made by the respondents in foreign countries, the investigation should be handed over to the CBI.

State advocate general RS Majumdar contended the arguments that there is no need for CBI inquiry as investigation is being carried out by the vigilance and other agencies.

The court had also dismissed an interlocutory application filed by the prime accused Binod Sinha in which he has sought relief from any coercive action by the investigating agencies. The bench had then said that court could not interfere in the investigation of the case.

Madhu Koda is involved in the Rs 4000 crore money laundering scam. (ANI)

Filed Under: International News Tagged With: Advocate General, affidavit, cbi inquiry, coercive action, direct taxes, Enforcement Directorate, enquiry, foreign countries, income tax investigation, Jharkhand High Court, madhu koda, majumdar, money laundering, Oraon, petitioner, respondents, Sinha, State Advocate, state government, vigilance

Prime petitioner against Reddy brothers attacked in Bellary

March 29, 2010 By vani Leave a Comment

Bellary (Karnataka), Mar 29 (ANI): Tumti Iron Ore owner Tapal Ganesh, on whose plea the Supreme Court suspended the Reddy brothers mining operations in Andhra Pradesh, was on Monday attacked by an eight-member gang in Bellary.

Police said Ganesh and two of his brothers were attacked when they were waiting outside a hotel here to meet the officials of the Survey of India team that has been formed by the Supreme Court to see if the reserved forest areas have been encroached by the Obulapuram Mining Company, owned by G Janardhana Reddy.

Attackers armed with sticks also beat up four media personnel, before fleeing the spot in a car, added the police.

The police later shifted the injured mine owners to a hospital and are investigating the incident.

Ganesh is a third-generation miner who is fighting a battle against Obalapuram Mining, owned by the infamous Reddy brothers – Janardhana and Karunakara.

His mine lies on the Karnataka side of the border while the Reddy brothers” mine on the Andhra side – both adjoining.

Ganesh had filed a police complaint in 2006 alleging that Reddy brothers were encroaching on his mine and later filed a petition in the Supreme Court in 2009.

The five-member Survey of India team formed by the Apex court has been meeting officials of the forest and mines and geology department for obtaining details of the six mines on the Andhra-Karnataka border.

The Supreme Court had on March 22 suspended the Reddy brothers mining operations in Andhra Pradesh and ordered a survey team to examine the allegations and submit an interim report within two weeks.

The Apex court had also asked the survey team to monitor the six mines on the Andhra-Karnataka border – three of which belong to the Reddys – to check whether or not they encroach on forestland.

The case will be taken up for next hearing on April 9. (ANI)

Filed Under: International News Tagged With: allegations, apex, apex court, attackers, forest areas, ganesh, Geology Department, india team, interim report, iron-ore, Member Survey, mining company, petition, petitioner, plea, police complaint, police the police, Reddys, survey team, third generation