KOCHI: The Kerala High Court Tuesday rejected Kerala Congress (M) chairman and former finance minister K M Mani’s plea seeking cancellation of the case registered by vigilance for exempting a fine of Rs 64 crore imposed by the sales tax department on Thomson Group, a wholesale poultry supplying company in Thrissur.
The court clarified that they cannot interfere in the vigilance probe, and observed that Mani must have achieved financial gains through it. Justice B Kemal Pasha directed the vigilance to probe the case properly. The court also rejected Thomson Group’s plea along with Mani. His act staying the fine imposed is violation of rules. When only the chief minister has the right to stay the fine in cases above 5 lakh, he bypassed that and following his order a fine of Rs 64 crore was stayed. From this, it should be noted that he obtained financial gains through it. Meantime, the government informed the court that Mani intervened in the case without permission.
The FIR was registered against Mani on the complaint lodged by advocate Noble Mathew, BJP state panel member and former leader of Kerala Congress. The special investigating team of the sales tax found that Thomson Group had evaded tax and ordered them to pay a fine of Rs 64 crore. Though they approached the Supreme Court against it, they failed in it. Later Mani entrusted deputy commissioner to exempt them from paying the fine. The company was opted out of the fine on appeal. Noble’s complaint is that Mani accepted Rs 50 lakh for it.
Showing posts with label says HC. Show all posts
Showing posts with label says HC. Show all posts
Official release on CM's health will reduce anxiety, says HC
CHENNAI: Official release with regard to the health condition of Chief Minister J Jayalalithaa, who has been undergoing treatment at a hospital since September 22, will reduce the anxiety of the people, the Madras High Court observed Tuesday while asking the government to get back on the issue by tomorrow.
The oral observation was made by a division bench while hearing a PIL by social activist 'Traffic' Ramaswamy, who has sought a detailed report from the government on the health condition of Jayalalithaa.
The court asked Tamil Nadu's Additional Advocate General C Manishankar to get back to it after consulting the government on the health condition of the chief minister by tomorrow.
Manishankar told the court that the corporate hospital had been issuing medical bulletins daily on her health conditions and describing the treatments given to her.
But the court said though the hospital was releasing bulletins, being the chief minister of the state, some official release with regard to her health condition will reduce the anxiety of the people.
The petition has also sought release of photographs of the meeting she is said to have had with her cabinet colleagues and officials in the hospital.
The bench said that it is not passing any order on the PIL but directed the additional advocate general to consult the government on the matter.
The oral observation was made by a division bench while hearing a PIL by social activist 'Traffic' Ramaswamy, who has sought a detailed report from the government on the health condition of Jayalalithaa.
The court asked Tamil Nadu's Additional Advocate General C Manishankar to get back to it after consulting the government on the health condition of the chief minister by tomorrow.
Manishankar told the court that the corporate hospital had been issuing medical bulletins daily on her health conditions and describing the treatments given to her.
But the court said though the hospital was releasing bulletins, being the chief minister of the state, some official release with regard to her health condition will reduce the anxiety of the people.
The petition has also sought release of photographs of the meeting she is said to have had with her cabinet colleagues and officials in the hospital.
The bench said that it is not passing any order on the PIL but directed the additional advocate general to consult the government on the matter.
Saswathikananda’s death: No flaw in post-mortem report, says HC
KOCHI: Kerala High Court has made it clear that there is suo-moto no anomaly in Swami Saswathikananda’s post-mortem report and the Crime Branch investigation into the case can be continued.
Justice B Khemal Pasha clarified this in response to the petition filed by All Kerala Anti-Corruption And Human Rights Protection Council, seeking CBI inquiry into the swami’s death.
The judge said he had been receiving letters linking several names to Swami Saswathikananda’s death. The letters said there was some mystery surrounding Swami’s death. While accepting the petition, the court had asked for the post-mortem report and video of the post-mortem conducted.
The court came to the conclusion there was no anomaly in the post-mortem, after examining the report and the video.
Justice B Khemal Pasha clarified this in response to the petition filed by All Kerala Anti-Corruption And Human Rights Protection Council, seeking CBI inquiry into the swami’s death.
The judge said he had been receiving letters linking several names to Swami Saswathikananda’s death. The letters said there was some mystery surrounding Swami’s death. While accepting the petition, the court had asked for the post-mortem report and video of the post-mortem conducted.
The court came to the conclusion there was no anomaly in the post-mortem, after examining the report and the video.
Vellapally gets anticipatory bail; statement not communal, says HC
KOCHI: SNDP Yogam General Secretary Vellapally Natesan has got anticipatory bail from Kerala High Court in the case against him alleging that the statement he made during his Samathwa Munnetta yatra was the kind that spread communal hatred in society.
However Jusice Bhavadasan has asked him to be present before police officer investigating the case, on January 10 and record his statements. The single bench order added that on the same day Vellapally could take bail.
Considering the plea for the anticipatory bail, the high court observed that sumo motu there was nothing in Vellapally’s statement that incited communal hatred in people. His statement was not against any particular group or community. He just pointed out the alleged discrimination by government in rendering concessions to the people.
The case was registered based on the speech Vellapally made at Aluva on November 29 during the reception given to his yatra in Aluva.
Vellapally had made a plea in the anticipatory bail petition that he had not made any communal speech and had just pointed out the discrimination shown by the UDF government in extending help to the victims of accidents and natural calamities. “Following my speech no community or religious leader had come out in protest against me. The government registered a case in a hurry due to political enmity. It was an all-out effort by the government to attack me at the time of forming a new party under SNDP yogam,” Vellapally Natesan said in his petition.
However Jusice Bhavadasan has asked him to be present before police officer investigating the case, on January 10 and record his statements. The single bench order added that on the same day Vellapally could take bail.
Considering the plea for the anticipatory bail, the high court observed that sumo motu there was nothing in Vellapally’s statement that incited communal hatred in people. His statement was not against any particular group or community. He just pointed out the alleged discrimination by government in rendering concessions to the people.
The case was registered based on the speech Vellapally made at Aluva on November 29 during the reception given to his yatra in Aluva.
Vellapally had made a plea in the anticipatory bail petition that he had not made any communal speech and had just pointed out the discrimination shown by the UDF government in extending help to the victims of accidents and natural calamities. “Following my speech no community or religious leader had come out in protest against me. The government registered a case in a hurry due to political enmity. It was an all-out effort by the government to attack me at the time of forming a new party under SNDP yogam,” Vellapally Natesan said in his petition.
Cannot intervene in bar case now, says HC
KOCHI: The Kerala High Court Monday made it clear that they cannot intervene in the bar bribery case now. A division bench led by Chief Justice Ashok Bhushan and Justice A M Shefeeq Monday said it is not appropriate to intervene in the case now as further probe is on.
The court said this while considering a plea seeking to probe the allegation levelled against Excise Minister K Babu. The court said the plaintiff can approach the vigilance court for further probe against the minister.
The allegation against Babu was that he accepted a bribe of Rs 10 crore for reducing the bar license fee from 25 lakh to 23 lakh.
The court said this while considering a plea seeking to probe the allegation levelled against Excise Minister K Babu. The court said the plaintiff can approach the vigilance court for further probe against the minister.
The allegation against Babu was that he accepted a bribe of Rs 10 crore for reducing the bar license fee from 25 lakh to 23 lakh.
Rabid stray dogs can be killed, says HC
KOCHI: The Kerala High Court Wednesday directed the state government to take strict steps to curb stray dogs in the state. The court said the local bodies can take steps for it.
Stray dogs should be curbed according to the rules and act of the union animal husbandry department. As per clause 7, 8 and 9, rabid dogs can be killed. The court also said dogs suffering from various types of disabilities due to illnesses can be killed. The government should find means to rehabilitate dogs being a threat to the people. The court also directed to provide financial aid to local bodies for culling dogs.
Stray dogs should be curbed according to the rules and act of the union animal husbandry department. As per clause 7, 8 and 9, rabid dogs can be killed. The court also said dogs suffering from various types of disabilities due to illnesses can be killed. The government should find means to rehabilitate dogs being a threat to the people. The court also directed to provide financial aid to local bodies for culling dogs.
EC can decide on local polls, says HC
KOCHI: The election commission can decide on the local body polls, the Kerala High Court said. The court said this while saying the verdict on the demand to extend the polls.
The court will not intervene on government’s demand to extend the polls. A special direction could also not be given. The commission can decide in how many phases the polls should be held and when it should be conducted. The commission was given the freedom to decide on it. The commission has the constitutional liability to conduct the polls, a bench led by Chief Justice Ashok Bhooshan and Justice A M Shefik said.
Minister K C Joseph said let the commission decide the date for the polls. The government’s stand on it has been informed to the election commission, the minister said.
The court will not intervene on government’s demand to extend the polls. A special direction could also not be given. The commission can decide in how many phases the polls should be held and when it should be conducted. The commission was given the freedom to decide on it. The commission has the constitutional liability to conduct the polls, a bench led by Chief Justice Ashok Bhooshan and Justice A M Shefik said.
Minister K C Joseph said let the commission decide the date for the polls. The government’s stand on it has been informed to the election commission, the minister said.
No CBI probe in bar scam, says HC
KOCHI: In some relief for Finance minister K M Mani, facing bribery charges in the bar bribe case, Kerala High Court Thursday turned down the prayer for a CBI probe into the controversial scam, saying there was no ground at this stage to issue any direction to transfer it to the central probe agency.
"Investigation being still in progress and there being no material to come to the conclusion that vigilance probe, now being carried out, was not free and impartial and the report of investigating agency was yet to be filed, we are of the view that at this stage no ground has been made out to issue any direction to transfer the case to CBI," a division bench, comprising Acting Chief Justice Ashok Bhushan and Justice A M Shaffique said.
The bench stated this while closing the petition by former MLA A V Thamarakshan, general secretary, RSP (B).
'We cannot also draw any conclusion that the investigation is invariably delayed', the bench held.
Advocate General K P Dandapani had earlier submitted that the complainant in the scam Biju Ramesh, working president of bar owners association, had been making disclosures on different occasions. Recently, he had submitted an audio tape which has to be scientifically examined. This was causing delay in the probe, he stated.
Ten witnesses had so far been examined by vigilance, the court was informed.
The petitioner submitted that 'inaction' on the part of vigilance to conduct a fair probe into the alleged corruption was illegal. The audio tape released by Biju Ramesh also points to the allegations of corruption against Mani, it was stated.
According to the petitioner, neither Mani nor his relatives had been questioned in the case. No raid had been conducted at their residence so far in Pala, Kottayam where the bribe amount was allegedly handed over. Hence, no fair and transparent enquiry would be held, it was stated.
The scam pertains to an allegation by Ramesh that hefty sum was paid to Mani for his help in reopening some closed liquor bars in the state. Based on this, government initially ordered a "quick verification' and later lodged an FIR for a detailed probe.
"Investigation being still in progress and there being no material to come to the conclusion that vigilance probe, now being carried out, was not free and impartial and the report of investigating agency was yet to be filed, we are of the view that at this stage no ground has been made out to issue any direction to transfer the case to CBI," a division bench, comprising Acting Chief Justice Ashok Bhushan and Justice A M Shaffique said.
The bench stated this while closing the petition by former MLA A V Thamarakshan, general secretary, RSP (B).
'We cannot also draw any conclusion that the investigation is invariably delayed', the bench held.
Advocate General K P Dandapani had earlier submitted that the complainant in the scam Biju Ramesh, working president of bar owners association, had been making disclosures on different occasions. Recently, he had submitted an audio tape which has to be scientifically examined. This was causing delay in the probe, he stated.
Ten witnesses had so far been examined by vigilance, the court was informed.
The petitioner submitted that 'inaction' on the part of vigilance to conduct a fair probe into the alleged corruption was illegal. The audio tape released by Biju Ramesh also points to the allegations of corruption against Mani, it was stated.
According to the petitioner, neither Mani nor his relatives had been questioned in the case. No raid had been conducted at their residence so far in Pala, Kottayam where the bribe amount was allegedly handed over. Hence, no fair and transparent enquiry would be held, it was stated.
The scam pertains to an allegation by Ramesh that hefty sum was paid to Mani for his help in reopening some closed liquor bars in the state. Based on this, government initially ordered a "quick verification' and later lodged an FIR for a detailed probe.
Some officers at CM’s office under shadow of Solar Case, says HC
KOCHI: Kerala High Court on Friday opined that some officers at Chief Minister Oommen Chandy’s office will fall under the shadow of solar case if Sreedharan Nair’s complaint is examined.
Justice S.S. Sateeshchandran said this while issuing the order granting bail to Tenny Joppan, former private secretary of Oommen Chandy and television actor Shalu Menon, both accused in the solar scam.
It is indisputable that there are allegations against politicians and government officials in the solar case. Under such circumstance, the activities of the investigation team without adhering to the legal procedures create suspicion whether justice would be sabotaged, said Justice S.S. Satheeshchandran.
Justice S.S. Sateeshchandran said this while issuing the order granting bail to Tenny Joppan, former private secretary of Oommen Chandy and television actor Shalu Menon, both accused in the solar scam.
It is indisputable that there are allegations against politicians and government officials in the solar case. Under such circumstance, the activities of the investigation team without adhering to the legal procedures create suspicion whether justice would be sabotaged, said Justice S.S. Satheeshchandran.
Opening liquor bars in the morning raises addiction, says HC
KOCHI: The division bench comprising of Justices C N Ramachandran Nair and C K Abdul Kareem has asked the government to consider functioning liquor bars from 5 pm onwards.According to the court, opening of liquor bars in the morning will promote alcoholic addiction in people.
The court asked to impose the change in time as the initial step towards prohibition.
Intelligence lapse in Vilappilsala, says HC
KOCHI: The high court said that the tension that resulted when people protested the installation of instruments for waste management in Vilappilsala was due to a lapse in intelligence.
It said that intelligence could not foresee the protests.
The government has requested the court to check the video footages of the attack on police.
At the same time, the corporation alleged that the deputy speaker, N Shakthan, who visited the place in support of the protestors, was violating the prohibitory orders that existed there. It added that the government had not supplied enough police protection.
'Gawking wages' a shame, says HC
KOCHI: Terming it a shame, the Kerala High Court on Monday expressed concern over the increasing incidents of collecting ‘Nokkukooli’ or ‘gawking wages’ by workers for loading and unloading activities.Justice S Siri Jagan observed that it was a shame that notwithstanding the fact that the government had declared Nokkukooli illegal, instances of demanding it were being reported from the state.
The court pointed out that a Division Bench had already prohibited the demand and acceptance of ‘gawking wages’.
The government pleader submitted that it was the policy of the government to eradicate such a practice. The court said that a recent incident in Thiruvananthapuram Airport in which NRIs were asked to pay the illegal money had proved otherwise.
The incident would disprove the sincerity of the government on the issue. Then the Government Pleader said that if the names of persons were pointed out the government would take stringent action against them.
The court made the observation while considering a petition filed by the Kasargod District Ration Wholesale Dealers Association against the Food Corporation of India workers union’s demand for ‘gawking wages’ at the FCI outlets. The court sought the government’s stand and adjourned the matter. The court pointed out that the association had entered into an agreement with the FCI workers union represented by Eruvatt Mohan, for the smooth conduct of loading.
According to the agreement, an extra payment of `410 is given for loading 10 tonnes of food grains into lorries. The government pleader sought time to take appropriate action against the persons.
The FCI workers’ union submitted that they neither demanded nor received `410.
The petitioner submitted that loading of food grains for supply to the wholesale dealer has been carried out by FCI through its workers. However, the loading workers have been making illegal demands.
Controversies surrounding AG unfortunate, says HC
uesday, December 6, 2011: The Kerala High Court on Tuesday said that the controversies surrrounding the Advocate General KP Dandapani was unfortunate.The Court said that it was completely satisfied with the work of the AG.
The Opposition LDF had demanded resignation of the Advocate General alleging his statement on the safety of the Mullaperiyar dam in the high court was against the state’s avowed stand.
While making statements on the safety measures being taken by the government required in the event of the dam’s collapse, KP Dandpani purportedly said three downstream dams of Idukki, Kulavamuvu and Cheruthoni could contain the waters of Mullaperiyar.
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