The Hindu : Karnataka News : Association files PIL over amenities in court complex

Online edition of India's National Newspaper
Thursday, Sep 09, 2004

Karnataka

Karnataka

Association files PIL over amenities in court complex

By Our Staff Reporter

BANGALORE, SEPT. 8. The Advocates Association on Tuesday filed a public interest litigation (PIL) in the Karnataka High Court highlighting the poor civic amenities in the Bangalore City Civil Court Complex. The PIL also questioned the move of Bangalore University to construct a building adjacent to the association.

A Division Bench comprising the Chief Justice, N.K. Jain, and Justice V.G. Sabhahit ordered issue of notice to the State Government and other respondents.

In its petition, the association said it was a registered organisation. Its office was located in a 100-year-old building. In 1994, it filed a writ petition in the High Court seeking a direction to the Government to provide amenities in the courts and to demolish the old building and construct a new one.

On June 17, 1996 the writ was allowed. The Government appealed against the single-judge order.

During the pendency of the case, a compromise was reached between the Government and the association. The Government undertook to construct the building in three phases.

The first stage was completed and the second was in progress. Meanwhile, the number of advocates practising in the court had gone up. The association said 17,000 advocates attended the courts and every day 5,000 litigants visited the premises. The court complex consisted of eight floors with 78 courts.

It said Bangalore University had lands adjacent to the court complex.

A part of the land was temporarily let out to the association to be used for parking. But, the university withdrew permission, began construction on the land and prevented the parking of vehicles.

It said there was parking problem in the area. With the university taking back the land, both the litigants and the advocates were facing a lot of hardship in finding a suitable parking place.

The university was letting out land for holding dharnas, processions, rallies, and protests. This, they said, was disturbing the courts.

It said there were other problems on the premises. There were only six lifts in the complex. The toilets were stinking and the complex was not being maintained properly.

It urged the court to direct the university to stop construction. A direction to the authorities to maintain the premises was also sought.

The Bench adjourned further hearing of the case.

Notice

Justice A.C. Kabbin ordered issue of notice to the Central Bureau of Investigation (CBI) on a criminal petition by Dr. K.H. Jnanendrappa, Professor of Medicine and in-charge of Diabetes Clinic, Victoria Hospital.

The petitioner had moved the court for bail, saying he was not connected with the fake stamp paper case that the CBI was investigating.

In his petition, he said he was arrested by the CBI on July 28, 2004 on the ground that he and Dr. K.M. Channakeshava, also of Victoria Hospital, had helped Abdul Karim Lala alias Abdul Telgi in obtaining medical certificates. The CBI had said the medical certificates were used by Telgi to file for bail in various courts.

He said that on July 27, 2004, the 35th Additional City Civil and Sessions Judge (Special Court) had rejected his application for anticipatory bail, saying that his custodial interrogation was necessary.

He said he was willing to abide by any condition imposed by the court if he was released on bail. He said he would cooperate with the agency in the investigation. He said he was suffering from depression and other ailments.

Challenged

Justice K.L. Manjunath ordered issue of notice to the respondents on a petition by a

faith healer from Bagalkot challenging the order of a sub-divisional magistrate directing him not to practice the alternative form of healing.

The petitioner, Aslam Shahpur, said he practised an alternative form of healing and had set up the Al-Heera Research Institute. He said his rivals became jealous when the institute gained popularity. Some people barged into his house and ransacked it. Rumours were spread against him and his healing process by some vested interests.

A committee was set up to investigate his activities. On August 17, the police said they could not provide him protection. The next day, the sub-divisional magistrate issued an order restraining him from carrying out any work in Bagalkot.

The petitioner urged the court to quash this order.

The court adjourned further hearing of the case to next week.

Lottery

Justice K.L. Manjunath adjourned till October 5 the petitions challenging the ban on online lottery.

In their petitions, the Meghalaya and Sikkim Governments and their marketing agents in Karnataka challenged the ban on online lottery. They said the State Government did not have the power to ban lotteries. The power was vested with the Centre.

They said the State could not have its own lottery and ban lotteries of other States.

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