High Court Raps Cops for Blocking BRS MLAs at Assembly Gates, Orders Action

Hyderabad:The Telangana High Court on Monday faulted the police for restraining the BRS MLAs from entering into the Assembly and the behaviour of personnel in dealing with the legislators. The court directed the Director General of Police to take strict action against the police personnel who allegedly manhandled the BRS legislators and submit a report.

Justice T. Madhavi Devi, hearing a petition, also made it clear that the police could not prevent elected legislators from entering the Assembly. Any violation of the Assembly’s rules would be dealt with by the Speaker and not by the police, she said.

The judge passed the directions while hearing a lunch motion writ petition filed by BRS MLA Talasani Srinivas Yadav. The petitioner alleged that police personnel deployed in large numbers had intercepted BRS legislators outside the Assembly when they were proceeding to attend the session. The MLAs were wearing black T-shirts carrying slogans criticising the Congress government. The petitioners contended that there was no order from the Speaker preventing them from entering the Assembly and that the police had no authority to physically restrain them.

Senior counsels Gandra Mohan Rao and T.V. Ramana Rao appearing for the petitioner, submitted that the police used excessive force against the legislators. He referred to photographs filed with the petition showing BRS MLAs P. Sabitha Indra Reddy and Vakiti Sunitha Laxma Reddy being allegedly manhandled.

Senior counsel submitted that Sunitha Laxma Reddy`s sari was pulled and Sabitha Indra Reddy, a former home minister, was allegedly held by her neck . He also brought to the notice of the court that several male legislators sustained injuries and were subsequently treated by doctors.

After examining the photographs, Justice Madhavi Devi expressed strong disapproval of the manner in which the legislators were allegedly treated.“Photographs cannot lie. Circumstances can be different, but treating women like this is not acceptable,” the judge observed. Women could not be treated in such a manner, the judge said while observing that while male BRS MLAs were wearing black T-shirts with logos and badges, the women legislators were not wearing such attire.

Justice Madhavi Devi remarked that “police cannot become so hyper and behave in this manner” and said such behaviour by the police was not acceptable.

During the hearing, government pleader for home Mahesh Raje referred to Rule 316 and Clauses (xiii) and (xv) of the Rules of Procedure and Conduct of Business in the Telangana Legislative Assembly. He submitted that members were prohibited from wearing or displaying badges and from displaying flags, emblems or exhibits in the House without the Speaker’s permission. When the pleader stated that the BRS legislators had been “allowed” into the Assembly, the judge took exception to the expression.

“There is no question of allowing them,” the judge said, making it clear that entering the Assembly was a right of legislators and not something dependent on police permission. She directed the pleader to refrain from using the word “allowed” in that context.

The court issued notices to the principal secretary, home, the DGP, the city police commissioner, the Khairatabad deputy commissioner of police, and Secretary of the Telangana Legislative Assembly, directing them to file their response on the matter in two weeks and adjourned the hearing to September 21.

Facing Arrest Threat from HC, Top Bureaucrats Tender Apology, Clear Land Dues

Hyderabad:The senior officials, faced with the Telangana High Court’s warning of arrest for continuing to disregard its proceedings on Monday, filed affidavits by the evening, tendering an apology and informing the court that its order on payment of land acquisition compensation had been complied with. The senior bureaucrats had earlier failed to appear before the court even it had issued bailable warrants against them.

Justice N.V. Shravan Kumar came down heavily on principal secretaries Sandeep Kumar Sultania (finance) and Vikas Raj (roads and buildings) for their repeated absence from the contempt proceedings and their failure to comply with an earlier direction to deposit 50 per cent of the compensation awarded to a landowner.

Both officials did not appear before the High Court as directed in a previous hearing, either physically or virtually, and filed petitions seeking exemption from appearance citing the ongoing Assembly session. On an earlier occasion, one of the officers had sought exemption stating that he went abroad.

The court questioned how an officer could propose travelling abroad after Form-1 notices had been issued in contempt proceedings, and warned of the consequences if the officer was arrested at the airport. The court cautioned that if such disregard to its orders continued, it would not spare anyone.

The judge said that the court would not issue directions for appearance of the officers as a matter of routine; only after giving them several opportunities to comply with the orders would the court opt for such an action.

The contempt case was filed by Nagi Reddy of Jogulamba Gadwal district and a few other farmers over non-compliance with the High Court’s order of last year directing the authorities to deposit within three months, 50 per cent of the compensation amount determined by the lower court in connection with land acquisition. As the orders were not complied with, the farmers filed contempt cass.

The court waited for 12 hearings for the officers to comply with the orders. With no response, the court had directed their appearance in the last week of August. As they did not appear, the court issued bailable warrants and directed them to appear on September 7. But the senior officials failed to appear and sought exemption on the grounds of the Assembly session.

With Justice Shravan Kumar adopting a firm stance and cautioning that coercive steps, including arrest, could follow if the officials continued to disregard the court proceedings, the two officers eventually filed affidavits, expressing their apologies and placing their compliance reports before the court.