HYDERABAD: A two-judge panel of the Telangana High Court observed that it was thoroughly dissatisfied with the functioning of the Pollution Control Board (PCB). “The PCB in the state of Telangana is almost defunct. They only pass orders without hearing parties and help them to obtain orders from the High Court for violating principles of natural justice,” the panel observed. The bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao is dealing with a writ petition challenging the permissions granted by the PCB for establishment of industrial units into the manufacture of sponge iron in orchards and human habitations. The panel also said “we are thoroughly dissatisfied by the manner of its (PCB) conduct before this court.”
Refusing to adjourn a matter pending for nearly two decades, the panel was caustic when the counsel for the PCB sought time. The panel accordingly directed the board and if necessary, the additional advocate general to prepare a tabular statement of respondents 7-23 industries as to whether they had set up units without appropriate PCB clearance. The table is also required to contain whether these industries are in violation of provisions of the Air Act and the Water Act and as to what action has been taken against such erring industries. The panel posted the matter to Monday after refusing to adjourn the matter at the instance of the PCB.
Mahabubnagar DMHO asked to unseal acupuncture clinic
Justice B. Vijaysen Reddy of the Telangana High Court passed an interim order directing the Mahabubnagar district and medical health officer (DMHO) to unseal an acupuncture clinic. The judge was hearing a writ plea filed by a therapist and owner of an acupuncture clinic, Mohd Sadiq. The petitioner alleged that his clinic was sealed by the district health authorities on the ground of failure to obtain proper permissions and licenses. The petitioner argued that acupuncture does not fall under any recognized system of medicine and is therefore not subject to regulation by any existing law or regulatory body. The petitioner thus argued that his clinic does not require permissions and licenses that the respondent authorities claimed were necessary. The judge remarked that the primary issue to be determined is whether the petitioner is legally obligated to register his acupuncture clinic, given the absence of specific regulations governing the practice. Accordingly, the judge posted the matter for hearing after three weeks. The judge also passed an interim direction for unsealing the petitioner’s clinic.
HC refuses to quash case under SC Prevention of Atrocities Act
Justice K. Sujana of the Telangana High Court refused to quash a first investigation report (FIR) against persons accused of criminal trespass and offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The judge dealt with a quash petition filed by Chikati Srinivas and two others, for quashing an FIR registered against them at Hanamkonda police station in Warangal district. Considering the fact that the punishment prescribed for the offenses alleged against the petitioners was less than seven years, the judge deemed it appropriate not to quash the FIR but pass directions to the investigating officer for the purpose of conducting investigation. The judge directed the investigating authority to follow the procedure laid down under Section 41-A of the Code of Criminal Procedure (CrPC), now Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The judge also directed the petitioners to appear before the investigating officer and cooperate with the investigation.
Evangelist Paul wants stay on functioning of nine MLAs
A two-judge panel of the Telangana High Court deferred to exercise its extraordinary jurisdiction to disqualify nine BRS legislators for floor crossing. The panel of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao is dealing with a PIL filed by party-in-person evangelist Dr. K.A. Paul. The petitioner sought an interim relief to stall the said MLAs from casting their votes in any discussion of the state Assembly. The petitioner also sought a direction that “erring MLAs” should not be paid their allowances till the larger issue relating to their disqualification is decided. Citing the pending cases in various courts, the bench refrained from intervening at this stage. However, the court granted liberty to the petitioner to hear the matter after the disposal of the pending writs.
